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.

Talk to our Probate & Estate Planning Lawyers

Our team here at SJF Law Group works hard to ensure that your wishes will be followed, and your loved ones taken care of when you are gone. Our estate planning lawyers expertly guide individuals and families through the complex probate process and capably handle all aspects of the creation, administration, and settlement of estates and trusts. When you work with our Florida estate planning attorneys at SJF Law Group, you get more than just an estate plan: you get peace of mind.  

As trusted probate and estate planning lawyers, we serve families in the vibrant communities of Plantation, Fort Lauderdale, Boca Raton, West Palm Beach, and Miami, FL. We are also pleased to offer the options of both in-person and virtual appointments throughout Florida to make our services accessible no matter where you are located.  

If you want to discuss your specific situations with one of our estate planning lawyers, do not hesitate to reach out to our law firm at 954-231-3430. You can also fill out ourcontact form.

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