Because probate can be a daunting and complex process, I often consult with clients who are involved in the probate of an estate either as the Personal Representative, (called an Executor in some states), or as a beneficiary or heir of the estate. Understandably, they are frequently confused about the process or concerned about making a mistake. With that in mind, I thought I would take the time to explain some common probate mistakes and how you can avoid making them.
Failing to Understand Probate Laws
One of the most common mistakes people make is assuming that the process is the same everywhere. Probate laws vary significantly from state to state and failing to understand the specific requirements and procedures in your jurisdiction can lead to costly errors and delays. To avoid this, you should thoroughly research the probate laws in the state where the decedent resided and consult with a local probate attorney.
Not Filing the Will Promptly
Another frequent mistake is delaying the filing of the Last Will and Testament with the probate court or Register of Wills (“ROW”). In many states, there are strict deadlines for submitting the Will after the death of the individual. Missing these deadlines can result in penalties and complicate the probate process. To prevent this, anyone who has an original signed copy of the Will should file the Will with the appropriate court or Register of Wills immediately.
Overlooking Debts and Liabilities
Personal Representatives often focus on distributing the assets of the estate but neglect to account for outstanding debts and liabilities. Ignoring these obligations can lead to significant problems, including personal liability for the Personal Representative if the debts go unpaid. To avoid this mistake, you should conduct a thorough inventory of all the decedent’s assets and debts. Proper notification must also be given to all potential creditors who are then allowed time to file claims against the estate. In Maryland that period is 6 months from the date of death.
Mismanaging Estate Assets
Proper management of estate assets is a critical responsibility for a Personal Representative and can lead to personal liability if this responsibility is not taken seriously. Failing to safeguard valuable assets, making premature distributions, or misvaluing property are common Personal Representative errors that can diminish the value of the estate and lead to disputes among beneficiaries. To avoid mismanaging estate assets, you should secure all valuable property, obtain accurate appraisals, and follow the terms outlined in the Will. Seeking professional assistance from appraisers and financial advisors can also help ensure that the estate is managed effectively.
Failing to Communicate with Beneficiaries
A Personal Representative who fails to keep beneficiaries informed can create mistrust and frustration which can lead to disputes and even legal challenges. To prevent such issues, you should maintain open and transparent communication with all beneficiaries. Regular updates on the progress of probate, explanations of any delays, and clear information about the distribution of assets are all critical aspects of communication.
Neglecting to File Taxes
An often-overlooked aspect of probate is the requirement to file final income tax returns for the decedent and the estate. Failing to address tax obligations can result in penalties and interest charges. To avoid this mistake, you should ensure that all necessary tax returns are filed accurately and on time.
Attempting Probate Without a Probate Attorney
Probate can be a complex legal process, and attempting to handle it without the assistance of an experienced probate attorney is a common mistake. Even seemingly straightforward estates can encounter unexpected complications. A probate attorney can help you navigate the legal requirements, avoid costly mistakes, and ensure that the process runs smoothly.
Do You Need Help Avoiding Common Probate Mistakes?
For more information, please contact our estate planning office in Owings Mills, Maryland by calling 410-654-3850 to schedule an appointment.
- What You Need to Know about the Medicaid Estate Recovery Program in Maryland - July 7, 2026
- How Divorce Affects Your Estate Plan in Maryland - January 9, 2026
- Should the Details of My Maryland Estate Plan Remain Private? - January 8, 2026
