What Common Problems Can Come Up During Probate?

  1. Probate
  2. What Common Problems Can Come Up During Probate?

While there is no getting away from the fact that each probate case is unique, there are some common problems that can come up during any probate. Here are a few common problems we see when handling probate matters.

  1. Conflict among family members

This problem can rear its head in any number of ways, but some of the more common situations involve:

  • Misunderstandings between parents and children regarding inheritance
  • Conflicts over decedent’s Will
  • Beneficiaries not properly named
  • Ambiguous wording in a Trust or Will
  • Disagreements over selling the family home

Conflicts among beneficiaries or family members can often cause delay and/or litigation, which, in turn, causes more delay and expense.

  1. Personal Representative cannot or will not serve

Another common problem that can significantly derail a probate is the failure to name an alternative personal representative.

Not everyone is willing or able to serve as a personal representative for an estate. Thus, when a decedent fails to name alternatives for this role, it can cause significant delay and expense. That is because when someone refuses to act as personal representative, the court must then get involved to appoint a personal representative or estate administrator.

  1. Problems caused by not having a probate attorney beforehand

We may have said this before, but there are just some things you should not try to do yourself.

Drafting your own Will (“Last Will and Testament”) or not hiring a probate attorney to help you probate an estate are top among them.


Because the mistakes you make— either in attempting to draft your own estate planning documents or handling a probate without an attorney— are costly. They can result in the estate being tied up for years in expensive litigation. Or they can result in your loved ones not being taken care of the way you wanted.

If you have questions or concerns or want to know more, reach out to an experienced estate and probate lawyer.

Protecting Your Family is Just a Phone Call Away.

Don’t leave planning for your future and that of your loved ones to chance. All it takes is one phone call to the Law Offices of Samantha J. Fitzgerald to ensure that your wishes will be followed, and your loved ones taken care of when you are gone. We expertly guide individuals through the complex probate process, and capably handle all aspects of the creation, administration, and settlement of trusts as well.  When you work with the estate planning attorneys at the Law Offices of Samantha J. Fitzgerald, you get more than just an estate plan: you get peace of mind. Call us at 954-580-3690 or email us at: [email protected] today.

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