The Probate Puzzle: Understanding Wills, Assets, and Legal Hurdles
Probate can be one of the most misunderstood parts of estate planning. Many people assume their assets will simply transfer to their loved ones when they pass away, but without the right planning, the process can be long, costly, and stressful.
In Episode 3 of The Death Readiness Podcast, I sat down with my podcast editor, Jon Gay, to discuss his family’s unexpected probate complication. What to Jon seemed like an unusual situation at first turned out to be something I see often: an estate left unsettled for far too long – in this case, 20 years!
Why do estates get stuck in probate?
Probate is the legal process of validating a will and distributing a deceased person’s assets. But it can quickly become overwhelming for the person responsible—known as the executor (if there’s a will) or administrator (if there isn’t). A term that is often used to describe both an executor and an administrator is a personal representative.
Jon’s family found themselves in a situation in which the appointed administrator was unable to complete the probate process, leaving assets in limbo for nearly two decades. Here are some common reasons this sort of delay can happen:
Being a personal representative is a huge responsibility – Managing someone’s estate involves paperwork, court filings, tax returns, and asset distribution. If the person chosen as personal representative is already overwhelmed with their own life, the process can stall.
Health or personal challenges – If the appointed personal representative falls ill or passes away, there will be additional delays.
Lack of guidance or support – Many people assume that being financially savvy (like being a CPA or attorney) automatically makes someone a good personal representative. But estate administration is its own beast, and even professionals can struggle without proper guidance.
Estate planning gaps – A missing or improperly written will can make the probate process even more complicated, sometimes leading to disputes among family members.
How to Keep Your Estate from Getting Stuck
Fortunately, there are steps you can take now to make sure your loved ones don’t face a similar situation.
1. Keep your estate plan up-to-date.
Having a will is a great first step, but it's not enough on its own. You need to make sure your plan reflects your current assets, family situation, and legal requirements in your state. A poorly written or outdated will can create more problems than it solves.
2. Choose your executor wisely.
Many people default to naming a close family member, but that’s not always the best choice. Consider:
Do they have the time and ability to handle the responsibilities?
Would they benefit from professional support?
Should you consider a professional fiduciary instead?
3. Use professional help.
There are professionals whose sole job is to administer estates and guide executors and administrators through the process. Even if you prefer to have a close family member or friend serve as the fiduciary, hiring an after-loss professional can help ease the administrative burden.
An after-loss professional provides hands-on logistical and administrative support to individuals navigating the complexities of settling a loved one’s estate. They offer personalized guidance, helping executors and administrators manage tasks that often fall between the roles of attorneys, financial advisors, and other professionals.
4. Make sure your assets are organized.
One of the biggest hurdles in probate is simply figuring out what assets exist and how they’re owned. Take time to:
List all your accounts and assets (bank accounts, retirement funds, property, etc.).
Know how they transfer (some may pass automatically outside of probate).
Keep your beneficiaries updated (outdated designations can lead to unintended consequences).
Should you avoid probate?
Many people think probate should be avoided at all costs, but that’s not always the case. In some states, probate is a streamlined process, while in others, it’s a lengthy and expensive ordeal. The right approach depends on your specific situation, and a good estate plan should be tailored to your state’s laws and your family's needs.
If you want to keep your estate out of probate, options like trusts, beneficiary designations, and joint ownership can help. But, like anything else in estate planning, these tools need to be used correctly.
Your Next Step: Get Your Affairs in Order
The best thing you can do for your loved ones is to make sure your estate is as organized as possible. To help, I’ve put together a free personal balance sheet here: Balance Sheet —Death Readiness
If you’re feeling overwhelmed by the process, you’re not alone. I help people make sense of estate planning every day. Whether it’s guiding you through the steps, helping you find the right professionals, or just breaking it all down into manageable pieces, I’m here to help.
Want to get started? Schedule a free 15-minute consultation with me here: Scheduling — Death Readiness
🎧 Listen to the full episode here:
