Challenges That May Arise in the Probate Process


To put it simply, probate is the court-supervised process for the distribution of a deceased’s estate. If a valid will was created by the deceased, then the court will handle the estate based on the described wishes. If a will was not written, then the court system will handle the deceased’s estate based on state laws. Anyone who has gone through the process of probate, probably understands just how lengthy, prolonged and complicated it can be. It can become even more complex if no will was established at all, or if there is a substantial amount of assets in the deceased’s estate.

An attorney understands just how tricky the court and legal system can be sometimes. If you have already began participating in the probate process, you may feel at your wits end and with your patience dwindling. An attorney can provide the support needed as you go through this difficult court proceeding.

Here in the article to follow, we have talked about the many common issues that can arise when it comes to probate.

Probate Can Take a Very Long Time

Probate typically takes up to a year to finalize, with many interferences that can bog things down a bit. For example, it can cause things to halt if a family member contests to the court for a portion of the estate they believe should be theirs. Also, any errors with the probate paperwork submitted can slow the process down too.

Disputes Between Family Members

After a loved one passes away, family members can be torn apart by disputes about who is to receive what of the deceased’s estate. If the will is contested by an upset relative, the heirs must attend probate court. Arguments between families can be very stressful, especially while grieving and in a legal setting. Having to attend court due a contested will can be time-consuming and expensive too, as legal fees add up.

Lack of Privacy

Anything that happens during proceedings of probate court become public record, so anyone could access what has unfolded. During this time of grieving, it can be agonizing for family members if people are coming out of what seems like nowhere, trying to obtain a piece of their loved one’s legacy. This can be particularly true for estates that have a significantly large amount of assets.

Support From a Legal Team

A probate lawyer can help you during every step of the probate process and can empathize with what you are going through, knowing you are likely grieving and have little energy to spend on intense legal proceedings. Your lawyer will do what they can to support you along the way.