Common Mistakes Made By Personal Representatives During Probate Administration

During probate administration, personal representatives play a critical role. It is their responsibility to manage the estate throughout the entire probate process. The duties of the personal representative include collecting and safeguarding the assets of the deceased, paying taxes and other debt, notifying beneficiaries and creditors, and distributing the remaining property in the estate according to the intestacy laws or instructions in the decedent’s will.

Unfortunately, personal representatives can make mistakes. When they do, it can not only create delays during probate. It can also result in litigation and the personal representative being found personally liable for their mistakes. Below, our St. Petersburg probate administration attorney outlines the most common mistakes made by personal representatives.

Failing to Communicate Effectively 

Effective communication is critical during probate and ensures it will be successful. Personal representatives must communicate regularly with creditors, beneficiaries, and other important parties during the process. When they fail to do this, beneficiaries may feel left out, which can lead to frustration and the personal representative’s actions may even come under suspicion. A lack of transparency can result in disputes and mistrust among beneficiaries, which can strain family relationships and even result in legal challenges.

Mismanaging the Property in the Estate 

Failing to properly manage the property in the estate is more common than people think. Personal representatives may fail to ensure property is properly secured, make uninformed financial decisions, or fail to accurately appraise assets, which can all reduce the value of the estate and lead to beneficiary disputes.

Insufficient Record-Keeping 

It is critical that personal representatives keep detailed and extensive documentation to avoid financial discrepancies and legal challenges. They may maintain meticulous records of all transactions, decisions, and communications. This includes creating a full inventory of assets, beneficiary distributions, and payments made to creditors. Failing to keep detailed records can not only delay probate but it can also result in legal action against the personal representative.

Mishandling Beneficiary Disputes 

Beneficiary disputes sometimes arise during probate administration and it is essential that personal representatives handle these appropriately. Failing to maintain neutrality, facilitate open discussions, and foster compromise can all result in long delays. These tasks may be very challenging for a personal representative on their own. In these cases, it is important that personal representatives attempt to allow a third party, such as a neutral mediator, to handle the dispute so it can be resolved quickly.

Failing to Work with a Probate Administration Attorney in St. Petersburg 

For personal representatives in Florida, working with an attorney is not merely a recommendation. It is required by law. If you are heading into probate to administer someone’s estate, our St. Petersburg probate administration attorney can help. At Legacy Protection Lawyers, LLP, our experienced attorneys can guide you through probate, provide the legal advice you need to ensure all tasks are completed properly to avoid disputes and delays, and make the entire process as easy as possible for you. Call us today at 727-471-5868 or fill out our online form to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0733/Sections/0733.602.html