Distributing the estate of a deceased person can be a complex and overwhelming process, regardless of whether they had a will or not. Those who want to inherit the deceased assets should navigate the court system to get a legal right to inherit their rightful share. This process involves gathering documents and executing complicated will provisions. Working with a probate attorney prevents mistakes that lead to expensive delays or liability.

“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man.”
– Abraham Lincoln Florida Probate & Trust Litigation Blog

It might also involve resolving matters that can present an added burden to the executor and heirs. Therefore, those planning or applying for probate need legal advice and guidance to prevent mistakes that can cause delays or increase expenses during this process. This article explains why people should always work with attorneys experienced in probate issues.

Reduce the Chances of Costly Mistakes
People responsible for distributing an estate should handle the process while complying with the law and the deceased’s wishes. Failing to comply with these regulations or making mistakes could lead to legal consequences, including being held liable for the mistakes. Therefore, executors and heirs should follow the law to avoid the legal and financial implications of getting things wrong. Therefore, they need an attorney to guide them in resolving probate efficiently and avoid mistakes that could complicate access to the estate.

Probate costs in the U.S typically range from 4 – 7% of the estate’s value – meaning a $750,000 estate could incur $30,000 – $52,500 in fees if mistakes trigger extra court actions or contests Mazurek, Belden & Burke, P.C..

Lawyers understand the complex disputes that might arise during probate. Their legal knowledge enables them to help clients follow the procedures to avoid probate problems. They also prevent costly mistakes that could complicate the legal process or land them in trouble with the law since they understand probate court laws and procedures.

Minimize Disputes and Encourage Faster Resolution
Disagreements on how assets should be divided are usually challenging to resolve, and disagreeing parties typically result in litigation resolution. This process sometimes takes years to resolve, leading to unexpected costs on legal fees and even reducing the estate’s value. Therefore, people applying for probate should work with an attorney to prepare documents to prevent this costly option.

Attorneys guide beneficiaries to avoid disputes that could lengthen and increase the cost of the process without overlooking personal interests. To ensure heirs receive their rightful portion of the estate as quickly as possible, they also take the required legal steps to speed up the probate process.

Create Legally Binding Documents
People may use legal grounds to challenge a will, including claims made unlawfully or that the author did not adhere to the legal procedures when preparing it. If this happens, complainants may request the court to nullify the document or seek directions on how to distribute assets. The courts grant this request, and they order inheritors to share assets according to the last valid will of the deceased.

A note on will challenges: nearly 10% of Americans report family disputes over inheritance when there’s no clear, legally sound will in place, LegalZoom.

However, when the deceased passes on without a will, inheritors divide assets according to the probate code of their state. This means that the wishes of the deceased may not be fulfilled. Therefore, testators must ensure that their wills are enforceable by law. They can consult on various matters regarding wills and receive recommendations on necessary amendments. This helps protect the intentions of the estate owner and clarifies who will inherit what. These measures enable executors to distribute estates as intended without disputes.

Everyone wishes for a smooth and efficient transfer of their assets to their loved ones after passing on. Yet, without expert legal navigation, probate can consume 3-7% of an estate’s value and stretch nearly two years (MarketWatch). Sometimes the wish for smooth transfer does not come to pass due to errors made during the will preparation or the probate process.

Specialized services like Northwest Strategy and Planning’s Seattle wills help clients in the Seattle area draft and update legally sound estate plans that reduce the risk of disputes and simplify the probate process. Working with a lawyer dealing with probate cases eliminates errors when preparing wills and issues that may complicate the probate process.