Request An Attorney Consultation: 


Common mistakes executors make during probate


Common mistakes executors make during probate

| Apr 22, 2019 | probate |

Being an executor can be a great honor, but it is also a major responsibility. Many people here in Texas recognize the importance of the role, but are nervous about what is expected. Experts have advice for those who are appointed to this position, and warn of some common mistakes that can occur during the probate process.

One of the main components of being the executor of a will is dealing with beneficiaries. Some people make the mistake of not maintaining communication with beneficiaries, or even favoring one over all of the others, which can have disastrous consequences. Beneficiaries may decide to petition the court to remove the executor. Some executors might think that distributing or selling assets on their own will avoid this kind of problem, but that can also be cause for removal. Other people, for varied reasons, make the mistake of doing nothing at all, which does not honor the wishes of the deceased and can complicate the entire matter.

There are those executors who may feel that the title gives them a great deal of power, but that can be detrimental when dealing with other family members. Executors would do well to remember that they have a personal interest in ensuring that the estate is properly handled. They can even be held legally accountable. Sometimes, concerns regarding attorneys fees make executors feel as though they should handle things without legal assistance, but that can be costly in the long run, if mistakes end up happening.

On that note, many executors fail to secure the proper legal counsel. Getting an attorney who has a great deal of experience handling probate and is knowledgeable when it comes to Texas state law can make a great deal of difference. It may be the most effective way of ensuring that a loved one’s final wishes are carried out as he or she would want.