Here is What Holds Up and Delays Many Probate Cases
One of the primary challenges in probate is all of the information that the probate court needs to do its job, and to properly administer any will that may exist. In that process, there can be serious time delays, when necessary information isn’t always available.
Inventorying the Assets
The fact is that we don’t always take special care to detail every item that we own. In fact, in many cases, people will leave items to someone in their will and those items are not known to exist, and can’t be located.
The inventorying of the deceased’s property and assets–including those included in, or left out of, a will–must be done, and when property is not accounted for, or there is an abundance of property, or property in other states, or property that is in the possession of others (some of whom may not even be known), the probate case can be significantly delayed.
The Deceased’s Creditors
People aren’t always anxious to tell others who they owe money to. But in a probate case, the personal representative needs to give notice to all of the estate’s creditors. That can often mean spending the time necessary in having to figure out who the deceased may have owed money to.
Most of us may have multiple creditors–whether they’re owed a significant or a nominal amount–but either way they all have to be included and listed.
Unclear Language in the Will
Wills are, essentially, contracts–or at least, they have language that must be clear, just like a contract.
But often, language in a will is vague, confusing or ambiguous. It may leave “my business” to a beneficiary, when the deceased actually has multiple businesses. It may mis-name assets, or include such vague descriptions of assets, or who gets them, that neither the court nor the personal representative can figure out what it means. Assets may have incomplete or incorrect account numbers, or mis-identify the bank, or financial entity, where necessary assets are located.
Problems with Real property
Whenever real property is involved, there can be problems. A simple transfer of a home via a will, can suddenly involve code violations or HOA violations on the property, or municipal liens, or title problems that the deceased didn’t care about or didn’t address. But to properly transfer real property in probate, just like out of probate, these problems cannot be ignored.
Appraisal Problems
Some things can be easily appraised. Houses and cars are often appraised, and there’s no shortage of ways to do it or professionals to do it for you.
But often people leave rare items, collections, antiques, or other items that take special appraisal expertise to get a true and accurate value. And even if an appraisal can be done for all the estate’s property, beneficiaries may differ or even challenge the official appraisal done by the personal representative.
Probate problems? Some can be solved before the probate case is even filed. Call the West Palm Beach probate law attorneys at The Law Offices of Larry E. Bray today.
