The probate process typically takes 6 to 18 months, though simple estates can sometimes be completed in 3 months. Unfortunately, even relatively minor mistakes can slow the administration of an estate, increase costs and create unnecessary stress for the surviving family members.
Every estate is unique, but understanding some of the most common probate pitfalls can help personal representatives fulfill their duties more efficiently and avoid problems.
1. Failing to locate important estate planning documents
One of the first steps in the probate process is locating the deceased’s will and other essential estate planning documents. Delays often occur when family members can’t find the original will, discover multiple versions or are unsure if a will even exists.
In Texas, an original will is typically required to open probate unless specific legal requirements for a lost or destroyed will are met.
In addition to the will, the personal representative should have:
- Death certificates
- Trust documents, if applicable
- Property deeds
- Bank and investment account information
- Life insurance policies
- Vehicle titles
Having important documents readily available helps start the probate process off smoothly.
2. Failing to identify all estate assets
The personal representative is responsible for identifying estate property.
Assets might include:
- Safe deposit boxes
- Mineral rights
- Royalties
- Digital assets
Missing assets can delay the probate process because the estate inventory is incomplete or inaccurate.
3. Poor recordkeeping
Personal representatives owe fiduciary duties to the estate and its beneficiaries. One of the most important responsibilities is maintaining clear financial records throughout the probate process, including:
- Receipts
- Bank statements
- Valuations
- Correspondence with creditors
- Record of distributions
Documentation helps demonstrate that the personal representative fulfilled their duties properly.
While some probate cases are relatively simple, others may involve blended families, business interests, out-of-state property or contested wills. Attempting to navigate these complicated issues without legal guidance can lead to costly mistakes.
It’s vital to work with someone who can explain legal responsibilities, comply with court requirements and address issues before they become significant delays.