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Filing a probate petition officially begins the legal process of distributing a deceased person’s assets and validating their will. Whether you’re working under Delaware probate law or the laws of another state, many people find that the filing stage can be complicated—especially if they have little legal experience. Below are some frequent missteps to watch out for, along with practical strategies that help your petition move more smoothly through the court system.
1. Filing in the Wrong Court
Every state sets particular rules on where to file probate petitions, but the general rule is to file in the county where the individual resided at the time of death. This might differ from the county where the death took place, so confirm the correct jurisdiction. A quick online search (such as “probate court in [decedent’s county name]”) can reveal which court handles probate matters locally.
Once you find that court, read through its website or call the clerk’s office to confirm you have the right venue. Filing in the wrong county can waste time, causing delays for yourself and any heirs relying on the estate’s distribution.
2. Missing the Filing Deadline
Probate petitions often come with strict deadlines. Some states want them within 10 or 30 days of the decedent’s passing, while others provide more time. If you miss that window, you could face legal consequences or additional complexities—potentially even losing the right to act as executor.
You can usually locate the petition deadline on your state’s official court website or by contacting the probate clerk. Even if the rules allow several months, don’t wait longer than necessary: delays in submitting your paperwork can push back the entire distribution timeline.
3. Overlooking the Executor Named in the Will
Not every will spells out an executor, but many do. If the decedent named someone specific, that individual typically has priority to oversee the estate. Make sure to check the will thoroughly before filing the probate petition and list that person as executor if they’re willing and able.
If no one is named (or the named executor can’t serve), the court can appoint a personal representative—often a spouse, adult child, or a close relative. Leaving out or ignoring the designated executor can trigger confusion or legal disputes later on.
4. Failing to Notify All Heirs
When filing the petition, you must identify and notify any heirs or beneficiaries. If the decedent’s will directly names people, that simplifies the process. Otherwise, you have to figure out who’s entitled to inherit under state law (often called intestate succession). Overlooking someone can create serious complications: the unnotified heir may contest the case or demand a share after the estate is partially distributed, prolonging probate.
Double-check the will or, if there isn’t one, confirm who qualifies as an heir (spouse, children, parents, siblings, etc.) according to state statutes. Ensuring everyone receives proper notice from the start decreases the risk of last-minute claims.
5. Leaving Out Key Information in the Petition
Probate petitions require detailed data about the deceased person, including:
- Basic identification: The decedent’s name, address, date of death.
- Assets: The properties, bank accounts, investments, or other items they owned.
- Debts or liabilities: Any mortgages, credit card balances, or final bills.
- Named executor: If the will lists one.
Rushing through the petition and omitting pertinent info guarantees extra paperwork later. Before you file, look carefully at your forms. If you’re uncertain about a piece of information—like the fair market value of an asset—try to gather estimates or consult professionals who can help with appraisals or valuations.
6. Skipping Asset Valuations
Accurate valuations are crucial because many wills specify a certain fraction or percentage of assets going to different beneficiaries. If you don’t have at least an approximate sense of each property’s worth, you can’t properly allocate who receives what—or identify whether the estate is large enough to require formal probate.
Assets like real estate, vehicles, fine art, or collectibles might call for professional appraisals. Although it can feel like extra hassle, it eliminates disputes among heirs over property worth and ensures that each beneficiary knows the estate’s true size.
7. Underestimating Probate Costs
Submitting a probate petition generally isn’t free. Certain fees and expenses often arise, such as:
- Court filing fees: Typically a few hundred dollars, though exact amounts differ by county.
- Certificate fees: You might need certified copies of the death certificate or other official documents.
- Publication fees: If your state requires you to publish a notice of probate in a local newspaper, there’s usually a charge for that service.
- Mailing costs: Beneficiary notifications by certified mail can add up if multiple people must be informed.
- Appraisal costs: This applies to real property, vehicles, or valuables if you need accurate valuations.
Additional day-to-day expenses include storing or securing assets, estate sale prep, and potential funeral bills. While the estate often reimburses the executor or family for authorized expenditures later, those costs may need to be covered upfront from personal funds.
Want Financial Help While You Await Probate?
Even if you avoid these mistakes, probate can still take a long time to finalize. If you need money now—perhaps to deal with funeral expenses or urgent bills while the estate is stuck in court—consider an inheritance advance from Rockpoint Probate Funding. You receive part of your prospective inheritance immediately, then repay it from your distribution once probate concludes.
Key benefits of an inheritance advance:
- No monthly payments: Payment is settled once assets officially get disbursed.
- Quick access to funds: Often, it’s possible to get money in days, not months.
- Less personal risk: If the estate winds up smaller than expected, many agreements shield you from covering the shortfall.
To learn more about the process or begin an application, call 888-263-8588. Our team is ready to walk you through the steps, providing a timely boost so you can handle pressing financial obligations without waiting for the probate court’s final order.
