Following are some common mistakes that can happen during Probate. Some of these are minor issues, while others can result in legal liability or monetary penalties.

​

• Requesting help from friends or family members instead of hiring appropriate counsel

• Early distribution: paying out proceeds too early or in the wrong order of priority

• Not following the terms of the Will

• Failure to provide the probate attorney an accurate inventory of all the assets of the estate

• Confusing non-probate assets with probate assets

• Failing to communicate with the heirs/beneficiaries

• Placing estate funds into a personal bank account rather than an estate account (This is known as comingling funds)

• Ignoring outstanding debt of the estate

• Self-dealing: Acting in the personal representative's own best interest rather than in the best interest of the estate

• Not keeping records of assets, liabilities, receipts and disbursements

• Not having heirs/beneficiaries sign a release approving the accounting

• Failing to post legal notice to creditors

• Waiting too long to act or failing to act on requests within time limits of the court or attorney

• Failing to live up to fiduciary responsibility of being impartial, fair, and honest 

• Not securing/maintaining real estate or other estate property

• Neglecting to pick up mail regularly from decedent’s property and respond to notices/requests

• Improperly closing the estate

​

Because Probate can be a complex process, it is important to have the right professionals on your side to advise you and ensure that everything goes smoothly. As a Certified Probate Real Estate Specialist, Dave Merrick can be a resource for you throughout the process along with the advice and services of your attorney.

​