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Is administering an estate a tricky process?

On Behalf of | Jan 20, 2025 | Probate

Administering an estate, often referred to as probate, can be a complex and time-consuming process. When someone passes away, their assets, debts and final wishes must be handled according to the law and any existing estate plan that they may have executed during their lifetime. For an executor or administrator, this responsibility can feel overwhelming, especially when they need to address concerns related to grieving family members, legal requirements and potential disputes.

Ultimately, probate can be a tricky process. As a result, it is generally wise for estate administrators to seek legal guidance and support proactively.

What “needs doing” and what is at stake?

Probate is the legal process of settling a deceased person’s estate. What does this mean, practically speaking? Estate administration generally involves:

  • Filing a Will (if one exists): An executor must submit the deceased’s will (if available) to the probate court to verify its validity. If there’s no will, the estate will need to be managed subject to the state’s intestacy laws.
  • Inventorying Assets: An executor must locate and value the deceased’s assets, such as real estate, bank accounts, investments and personal property.
  • Paying Debts and Taxes: Outstanding debts, including final bills, taxes and funeral expenses, must be paid before distributing assets to beneficiaries.
  • Distributing Assets: Once debts are settled, the remaining assets are distributed to the heirs or beneficiaries.

As is plain to see, estate administration tends to be complex and time-intensive. Yet, it is not only tricky and consuming, it is a consequential process. Heirs and beneficiaries can experience life-altering consequences as a result of probate, and the deceased’s legacy hangs in the balance. Therefore, it is important to treat this process with the seriousness that it deserves.  

Seeking guidance and support 

To approach estate administration in an informed and intentional way, it is generally wise for individuals to seek legal guidance and support. Probate laws vary by state, and navigating the legal requirements can be confusing. Missing deadlines, filing incorrect forms or failing to follow legal procedures can delay the process or lead to disputes.

Additionally, executors are responsible for ensuring all debts and taxes are paid. This may include filing the deceased’s final income tax return, handling estate taxes and negotiating with creditors, which can be challenging for those who do not manage such affairs regularly. 

Finally, tensions can arise among heirs or beneficiaries, especially if they disagree over the terms of a will or an executor’s decisions. Managing these disputes requires diplomacy and often legal intervention.

These are just a few of the reasons why estate administrators often decide that seeking guidance is preferable to navigating the trickiness of the probate process alone. 

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