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When submitting a probate application after a loved one’s death, you must ensure that every detail you provide is factual. Making an error on a probate application will delay the process but could also lead to more severe consequences. Whether you’re following Connecticut probate laws or probate in another state, you should ensure the complete accuracy of your application.
What happens if you make a mistake on a probate application? Learn common mistakes to avoid and the potential consequences of erroneously filing your application.
Common Errors in Probate Applications
Filling out an application for probate is the first step in beginning the process of fulfilling your loved one’s will and distributing their assets. The probate application requires you to provide a copy of the death certificate and will, a list of all beneficiaries, a list of the decedent’s assets and debts, and more. With so many requirements, it’s easy to make a mistake.
These are a few common errors in probate applications:
- Contradictions: Everything you say in the probate application must hold up in the supporting documentation. If the court finds any contradictions in your application, it may reject it. For example, maybe you list the decedent’s assets and then provide supporting documentation that includes an asset not disclosed in the list.
- Clerical errors: Typos and misspellings may not seem like a huge deal, but they can discount the legitimacy of your probate application. Make sure every name and address is spelled correctly.
- Inaccurate valuations: The inventory of assets should include an approximate valuation of all assets. If the court finds a valuation too high or low, it may reject the application. It’s worth consulting an appraiser if you have any questions about asset valuation.
- Delays in filing: Every state dictates the deadline by which you must file the probate application. For example, in Florida, this deadline is just 10 days from receiving the death certificate. Filing too late could lead to issues during probate.
- Beneficiary disputes: The list of beneficiaries you provide in the probate application should match the information in the decedent’s will. Inaccurately naming beneficiaries is a major problem that can lead to serious consequences.
Because these mistakes are so prevalent, you must triple-check your probate application to ensure they are not present. It’s worth hiring a probate attorney to review your application and check for inaccuracies before you submit it.
What Happens If You Make a Mistake on a Probate Application?
The answer to “What happens if you make a mistake on a probate application?” varies depending on the severity of the mistake and your state laws. These are a few potential consequences you should be aware of.
You May Need To File an Amendment
If you made a minor mistake, such as a clerical error, you can correct it by filing an amendment petition. This form would legally allow you to alter the probate documents.
If you’re simply correcting a spelling mistake, you may be able to do so with a quick amendment form. But amending a probate application isn’t always a simple process. It often involves:
- Filing a formal petition
- Submitting documentation and evidence to justify the amendment
- Filing motions to present the amendment request in court
- Attending the probate court hearing
While this process may seem arduous, it’s worth your while if you notice a mistake on the probate application. Leaving mistakes could lead to complications with probate down the line.
The Probate Court Could Hold a Hearing
If the probate court notices an error in your application, it may hold a hearing to resolve the issue. This is more common in cases with significant errors that necessitate reopening an estate. You may need to hire an attorney to represent you in the hearing, leading to legal costs and probate delays.
The Court Could Reject the Application
If the probate court finds your application inaccurate or illegitimate, it can reject the application. A probate rejection can prevent the beneficiaries from gaining the assets given to them in the decedent’s will. You will need to consult an attorney about filing a lawsuit to enforce the probate claim.
You May Be Personally Liable for Errors
In severe cases of inaccuracies on probate applications, you, as the executor, may face liability. It is an executor’s responsibility to ensure that the probate documents are accurate and legitimate. You may be personally liable for any errors due to negligence or lack of court compliance, leading to financial consequences.
Tips To Avoid Mistakes on Probate Applications
What happens if you make a mistake on a probate application? The consequences can range from inconvenient to expensive and severe. These tips can help you avoid such errors:
- Read the decedent’s will closely to ensure that your probate application reflects their wishes
- Double-check all facts and figures against the supporting documentation
- Have a probate attorney review your application before you submit it
- Be aware of your state’s deadline for filing and adhere to it
Seek Financial Relief During Probate From Rockpoint Probate Funding
What happens if you make a mistake on a probate application? While the consequences can vary, this event often leads to delays in the probate process — and in your inheritance. If you need financial relief, consider applying for a probate advance through Rockpoint Probate Funding. We offer fast, non-recourse inheritance advances that give you access to funds while you await the end of the probate process.
Contact Rockpoint Probate Funding today at 888-263-8588 for a free evaluation.
