Disclaimer: Consumer legal fundings and advances are not loans under applicable financing laws. Rockpoint’s products are non-recourse, meaning if you don’t win your case, you don’t have to pay us back. Receiving financial support in connection with a legal case is typically (and oftentimes incorrectly) referred to as a “lawsuit loan” or “loan.” Therefore, for the ease of search references, these terms may be used in this context to refer to our funding products, but we maintain our separateness from consumer loan products in all legal aspects.
When you’re preparing a probate application after a loved one passes, every piece of information you include needs to align with the facts. Even a minor slip can slow down the court’s review—or, in some cases, trigger bigger legal complications. Whether you’re in Connecticut, Florida, or any other state, ensuring your probate forms are accurate is essential.
Common Errors in Probate Applications
Submitting a probate application involves several parts. You might include a copy of the will, a death certificate, lists of beneficiaries, and an overview of assets and debts. With so many details floating around, it’s easy to overlook something. These are a few frequent hiccups:
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Contradictory Information
Maybe you provide one asset list in the application, but your supporting records reveal an extra bank account. Any mismatch can raise the court’s suspicions.
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Simple Typos
Misspelling someone’s name or transposing digits in an address may seem harmless, but it can cast doubt on the entire filing.
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Uncertain Valuations
Estimating how much a piece of real estate or a family heirloom is worth can get tricky. If the court finds your values off base, they may send you back to redo your paperwork.
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Late Submission
States have specific windows for submitting probate paperwork. For instance, a place like Florida might allow as few as 10 days once you get the death certificate. Missing that window can cause extra hassle.
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Beneficiary Mix-Ups
The will might name four heirs, but your probate forms only list three people. Accidental omissions can result in big conflicts and potential rejection from the court.
Because these errors appear so often, it’s wise to double-check each name, figure, and document before filing. Consider having a probate attorney glance over your forms as well, especially if you’re unsure about property values or complicated assets.
What Can Go Wrong After a Mistake?
If you realize something is off on your application—or the court catches an error—you might face a few outcomes:
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Filing an Amendment
For a minor problem, such as a small spelling mistake or a mislabeled address, you can often correct it by submitting an amendment petition. It’s a bit of extra legwork, but it’s far better than leaving the error unaddressed.
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Attending a Hearing
If there’s a major discrepancy—say, a large asset left off your inventory or a question of whether a newly found will is valid—the probate court might schedule a hearing. You may need to gather more documentation or hire a lawyer to help explain your side.
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Facing Possible Application Rejection
When the probate court deems your filing too questionable, they can reject it outright. That leaves you (and any heirs) in limbo, with nothing finalized. In some states, you might need to start from scratch or file a lawsuit to move forward.
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Risking Personal Liability
As the executor or personal representative, you’re legally expected to submit correct information. If the court sees clear negligence or intentional inaccuracies, you could be held personally responsible for any resulting financial harm.
Tips for Getting It Right
With so much at stake, careful preparation can make a big difference. Here are a few ideas to avoid stumbling blocks:
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Match the Will Exactly
Read the decedent’s will carefully and ensure your beneficiary list lines up with the names in the document.
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Check and Recheck
It helps to review each section of the application at least once after you finish. Look for spelling errors, verify addresses, and confirm that each asset you mention has a corresponding document.
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Consult an Expert
If a house or other asset is difficult to appraise, it may be worth getting a professional evaluation. The more accurate your figures, the less likely you are to face pushback from the court.
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Don’t Miss Deadlines
Keep an eye on your state’s filing schedules. Mark important dates on your calendar or set reminders on your phone. Late filing can cause immediate complications.
Dealing with Delays and Financial Stress
Even the best-prepared application can take months to work through the system. If your inheritance is tied up in probate, that means you could be covering bills or property-related expenses without help. Should you need funds sooner, Rockpoint Probate Funding offers a potential solution. Their probate advances let you access a portion of your future inheritance without waiting for the entire process to wind up. You don’t make monthly payments—the advance is repaid from the estate distribution itself.
If you’re curious about how that works or whether you might qualify, call 888-263-8588 for a free consultation.
Moving Forward
Mistakes in a probate application can be time-consuming, cause legal headaches, or even lead to personal liability. A simple moment of inattention might hold up the estate for months. By reviewing your documents carefully, staying consistent with the will’s contents, and paying attention to deadlines, you’ll stand a better chance of moving through probate smoothly. And if you do spot a problem after you’ve already filed, it’s generally safer to correct it right away rather than hoping it goes unnoticed.
