What are the Most Common Probate Problems?

January 10, 2022

When you pass away, there is a good chance that at least part of your estate will enter probate in your state. With estate planning, you can remove as many assets from your probate estate as possible, but only when you have carefully considered all assets and liabilities and followed through with retitling things into the name of trusts, among other strategies.

But this might prompt you to ask, why avoid probate in the first place? The truth is that any number of problems can pop up as your loved ones attempt to navigate the probate process, all of which can take time, energy, and money from your family members during time when they are already coping with grief. This is why most people who recognize the challenges of probate will sit down with an estate planning lawyer to walk through their options for making things easier for loved ones.

While probate problems can be very specific to your assets and your own estate, here are some of the most common ones that you might want to prevent with proper planning:

  • No one wants to be the executor, or loved ones argue about who will serve in this role, leading to additional family conflict
  • Dispute over the value of the estate or the executor being unable to find certain assets
  • Division of asset concerns where people receive equal shares of something and are not able to agree on what to do with that asset
  • Someone challenges the validity of the will entirely, slowing down probate and possibly increasing conflict between beneficiaries

Being proactive about these concerns can help you create an estate plan that addresses these issues and makes it easier for your loved ones to move through the probate process.


Practice Areas:



Schedule your free Exploratory phone call

Click here to see how we
can be of assistance.

Payment Portal
for Tax and Accounting invoice

This link offers a secure, quick way to complete your payment with Omni360 Advisors LLC.

Our Social Media

Connect with us on Social Media using the following buttons:

Visit our Podcasts

Listen in, Join the Conversation!

Recent Posts

The Financial Reality for Women After 65: Planning for Longevity, Income, and Legacy

Explore the unique financial challenges women face after age 65 and how coordinated tax, wealth, and estate planning can help support long-term security and legacy ...

<p>The post The Financial Reality for Women After 65: Planning for Longevity, Income, and Legacy first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Asset Allocation vs. Asset Location: What High-Net-Worth Families Need to Know

Learn the key differences between asset allocation and asset location and how each can play a role in building a more tax-aware, efficient investment strategy. ...

<p>The post Asset Allocation vs. Asset Location: What High-Net-Worth Families Need to Know first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Understanding Qualified Personal Residence Trusts (QPRTs): A Strategic Approach to Transferring Wealth Through Real Estate

Learn how Qualified Personal Residence Trusts (QPRTs) can help transfer home appreciation to heirs and potentially reduce estate taxes as part of a broader wealth ...

<p>The post Understanding Qualified Personal Residence Trusts (QPRTs): A Strategic Approach to Transferring Wealth Through Real Estate first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>