What Are the Most Common Challenges Families Face During Probate?

 Posted on February 06, 2023 in Estate Planning and Probate

 Probate is a legal process that settles a deceased person’s estate and can involve multiple steps, such as inventorying assets, paying debts and taxes, and distributing remaining assets to beneficiaries. In most cases, probate is not an enjoyable process and can be very difficult for families. The process can be highly complex and stir up deep-seeded emotional and familial conflicts, particularly if there is dispute regarding the distribution of assets or interpretation of the will. 

Today, we will look at some of the most common challenges families may face when navigating the probate process. While the process can be rife with difficulties, having an experienced probate attorney to help guide you through the process can be enormously beneficial. 

Challenges Faced by Families During Probate

When a loved one dies, the looming probate process can seem daunting. This sentiment is understandable. The following are challenges that many families face during probate:

• Time – Probate can take several months to complete. In some cases, the process may even take years. The time-consuming nature of the process can be extremely burdensome for families.
• Financial cost – Probate can be expensive due to various court fees, attorney fees, and other related costs. 
• Emotional stress – As stated previously, probate can exacerbate emotional and familial conflicts. Any disagreement about asset distribution or disputes regarding the interpretation of the will add to the already stressful process. 
• Lack of privacy – Probate proceedings are public, which can feel deeply intrusive for families.
• Complexity – In many cases, probate is very complex since it involves lots of legal and financial paperwork. This can be overwhelming for families already dealing with losing their loved one. However, the complexity of the process can be reduced by guidance from a knowledgeable and compassionate attorney.
• Missing or misplaced documents – This can be troublesome for families and can elongate the entire process since time will be spent searching for the missing documents. In cases where someone dies without a will in place, you and your family may have no other option but to go through the intestate probate process. 

Contact a Texas Probate Attorney

Ultimately, probate is a process most people dread having to go through. Therefore, it is essential for families to understand the challenges they may face during probate and to consider seeking the help of a qualified attorney. Experienced San Antonio probate lawyer Geoff Mayfield has the knowledge and insight necessary to help you through the entire process. Call 210-535-0870 for a free consultation.

Source:

https://guides.sll.texas.gov/probate