Probate PLR Autoresponder Email Series

Autoresponder Message Titles

Part 1: Defining Probate – (314 Words)
Part 2: The Job Of The Executor In Probate – (329 Words)
Part 3: Beneficiaires In Probate – (332 Words)
Part 4: The Timeline With Probate – (318 Words)
Part 5: Additional Complications Of Probate – (337 Words)

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When dealing with the process of probate upon the death of a loved one, things typically go quite smoothly as long as there is a clear, concise last will and testament making provisions for most of the decedent’s estate and an executor who can stand strong in the face of despair.  However, there are several issues that can complicate the matters of probate that must be considered.

If there is no will, probate court will drag out much longer than necessary.  By the same token, there are several reasons for which the authenticity or correctness of a will can be contested.  If there is any question as to the decedent’s mental state during the drafting of the document, or if the will has not been updated to include the most recent accounts, then the will may not uphold in court.

Also, if there is anyone who feels as though they have been scorned, mistakenly left out, or simply claims that there is a piece of property or particular asset that a party feels they should have been awarded but weren’t, they can contest the will.  In most cases, the court is extremely informal and won’t think twice about allowing the will to stand and the decedent’s final wishes to be upheld.  However, upon a contestation, the process will be taken more seriously.

If the executor doesn’t have the strength to see the legalities through during his or her time of grief, the period allowed for filing a will for probate could run out.  Generally, the state will allow four years and even make special provisions should the deadline be missed.  However, even these extreme measures are much more difficult to process and cause major complications.

The best way to assure that probate remains short and simple is to have a clear, concise, updated will with a firm, strong executor who can handle the responsibility of seeing the distribution and settling of the decedent’s estate through.