When you’re handling the probate process, every step matters. You and your family are already navigating the emotional weight of loss, and the last thing you want is for estate matters to drag on because of an overlooked detail. However, probate lawyers step in and help make the process easier and, often, less expensive.
Unfortunately, probate is a complex legal process in Michigan, and even a small misstep can lead to delays, disputes, and increased costs.
In this blog, we’ll explore the most common probate pitfalls that can complicate your loved one’s estate—and how we can avoid them together.
Michigan’s 12 Probate Pitfalls: Avoid These Situations to Expedite Estate Administration
Overlooking the probate process’s stringent requirements can lead to stressful and costly delays for family members already dealing with loss.
As you go through the probate proceeding, you must be mindful of these common pitfalls to avoid unnecessary probate disputes and ensure the estate is managed efficiently.
1- Ignoring the Role of the Executor
The executor is crucial in moving the probate process forward. When the executor fails to obtain proper guidance or when they are ill-prepared for the role, this can cause delays.
The executor needs to stay organized and informed, and an estate administration and probate lawyer can provide the necessary support.
2- Not Settling Disputes Before Probate
Family members often have disagreements about the estate. If you don’t address these disputes early, they can lead to extended litigation, further complicating and delaying probate.
Working with a probate attorney early in the process can help mediate and resolve disputes before they escalate.
3- Not Planning for Contingencies
During probate, unexpected issues can arise—such as a missing will or additional debts. If you fail to plan for these potential problems, the estate could face lengthy delays.
Proper estate planning and working with a knowledgeable probate lawyer ensures you can handle any surprises that come up.
4- Failing to File Documents in a Timely Manner
One of the biggest delays in probate litigation is failing to file the necessary documents with the probate court. Michigan probate laws require specific filings at various stages, and missing deadlines can hold everything up.
Hiring a probate attorney to assist with document filing can make all the difference in keeping things on track.
Working through the probate process doesn’t have to be overwhelming. At The Law Offices of Jarrett R. McCartney, PLLC, we’re here to provide compassionate, knowledgeable support.
Contact us today at (231) 880-6914 or set up your FREE consultation online, and let us help guide you through this complex time.
5- Not Understanding Real Estate Law in Probate
Real estate law often intersects with probate. If the deceased person owned property, it must be handled properly in probate court to ensure the estate can be settled. This is particularly important when there are multiple beneficiaries or outstanding debts attached to the property.
A probate lawyer near you can help navigate these complexities, ensuring that property transfers smoothly without added delays.
6- Failing to Pay Debts Before Distributing Assets
The probate process requires that debts are paid before distributing assets to beneficiaries. If you miss any outstanding payments—whether to creditors, taxes, or other obligations—it can result in prolonged probate disputes.
Probate lawyers familiar with Michigan’s probate laws can help ensure all debts are settled properly.
7- Overlooking Beneficiaries or Failing to Communicate
It’s crucial to keep beneficiaries informed during the probate proceeding. Miscommunication or leaving beneficiaries out of the loop can create friction, leading to disputes and drawn-out court proceedings.
A local probate attorney ensures you stay transparent and communicate effectively throughout the entire process.
8- Ignoring Small Businesses or Complex Assets
If the deceased person owned a business, probate becomes even more complicated. Michigan’s probate laws require special attention to business law and estate planning.
The probate lawyer you work with needs to be experienced in these legal matters to avoid any costly missteps with business formation, asset division, or tax implications.
9- Not Realizing the Estate Covers Legal Probate Costs
The cost of probate can add up quickly. Filing fees, court costs, and legal fees all contribute to the overall expense. It’s important to discuss these costs with your probate attorney early in the process.
The estate covers estate administration and probate fees. However, discussing terms with your probate lawyer helps prevent unexpected surprises that could delay the estate’s resolution.
10- Not Hiring the Best Estate Administration and Probate Lawyers for Your Needs
Hiring the right probate lawyer is key to avoiding many of these pitfalls.
Whether it’s understanding the specific probate laws in your county, managing disputes, or handling assets like real estate and money, having the best probate lawyer on your side helps avoid delays. Many probate attorneys offer a free consultation to help you determine the right fit.
To sum up, while the probate process is complex, you can avoid many of these pitfalls with the right guidance. By working with experienced probate lawyers near you and staying on top of filing documents, debts, and communication, you can ensure a smoother probate experience.
11- Not Taking Advantage of Expedited Probate Options
Michigan has expedited estate processes for certain small estates, which can significantly reduce the time spent in probate.
Many people overlook this option, which results in unnecessary delays and higher costs. If the estate qualifies for expedited probate, using this option can help you avoid months of waiting.
12- Failing to Understand Small Estate Procedures
Some estates qualify as “small estates,” allowing you to skip many of the formalities required in larger probate cases. If you don’t take advantage of this, the estate could get stuck in unnecessary probate court proceedings.
Working Through the Probate Process With a Local Estate Administration and Probate Attorney
Handling probate can be overwhelming, especially if you’re unfamiliar with Michigan’s probate laws. At Jarrett R. McCartney Law, we ensure that at every turn, you have caring guidance.
Having a local probate attorney by your side makes all the difference. From understanding estate administration to managing debts, taxes, and asset distribution, we guide you every step of the way.
Navigating Probate Court and Filing Documents
The probate process starts with filing key documents in probate court. Missing any deadlines or forms can delay the estate’s resolution. Our experienced attorneys ensure everything is filed promptly and correctly.
Managing Assets and Paying Debts
One of the most critical tasks during probate is managing the deceased person’s assets and settling debts.
Whether it’s maintaining property, handling creditor claims, or transferring ownership to beneficiaries, our team takes care of these details to avoid probate disputes and ensure a smooth administration.
Resolving Beneficiary Disputes
Disagreements among beneficiaries can disrupt the probate process. Our estate administration and probate lawyers assist in mediation or, if needed, probate litigation to resolve conflicts, always with the goal of protecting the estate and preserving family relationships.
Estate Administration and Probate Lawyers: Contact Us for a FREE Consultation
Working through the probate process doesn’t have to be overwhelming. At The Law Offices of Jarrett R. McCartney, PLLC, we’re here to provide compassionate, knowledgeable support.
Contact us today at (231) 880-6914 or set up your FREE consultation online, and let us help guide you through this complex time.