The Washington probate courts oversee estate administration. When someone dies, the courts help ensure that the people left behind follow their wishes or comply with appropriate state laws. Those already dealing with grief may find the probate process somewhat overwhelming.
Family members and personal representatives, also known as executors, can make mistakes during estate administration and probate proceedings that lead to legal controversies or even financial liability. Those with an interest in an estate or expecting to oversee the probate process may benefit from learning about the common mistakes others make to avoid duplicating those errors.
What probate mistakes are relatively common?
1. Assuming a will negates probate requirements
If a person dies without a will, the Washington probate courts likely need to ensure that a personal representative adheres to intestate succession laws. State statutes that outline rules for the descent of property do not apply if the deceased individual drafted a valid will or other estate planning documents before they passed. A will gives the testator control over their legacy, but it does not eliminate the need for probate oversight. The courts need to review the will and monitor estate administration.
2. Overlooking financial obligations
Personal representatives generally need to file income tax returns. They may also need to communicate with and pay creditors. Identifying and notifying creditors about upcoming probate proceedings is a critical responsibility during estate administration. If personal representatives don’t provide timely notice to creditors or fail to file tax returns, they may sometimes have personal liability for the unpaid balances still owed.
3. Failing to follow the will
Personal representatives often have close relationships with the person whose estate they administer. They also likely have relationships with the various beneficiaries of the estate. Some people let their personal relationships with beneficiaries influence how they manage estate resources. They might withhold assets from certain beneficiaries or grant extra privileges, such as access to the residual estate, to those with whom they have close relationships. The judgment and wishes of a personal representative do not supersede the instructions provided by the testator.
Personal representatives also frequently make the mistake of trying to oversee estate administration without support. Hiring a probate lawyer makes it easier to avoid mistakes and fulfill all legal obligations. People who have support during probate can minimize conflict and oversights that might otherwise complicate probate proceedings.