The probate process helps protect the rights of creditors, heirs and beneficiaries. By having the courts oversee aspects of estate administration, Arizona limits the possibility of misconduct and oversights causing financial damage to interested parties.
Some people accept the role of personal representative long before another person dies. They may have discussed probate matters with the decedents years ago. Other people realize that they may have to fulfill that role because no one else intends to step up and manage the probate process.
Someone intending to serve as the personal representative of an estate has a lengthy process ahead of them. How can they set themselves up for smooth and uncomplicated estate administration?
Locate and review the estate plan
Finding the estate planning paperwork of the deceased party can take some work. Some people add their documents to digital registries online. Others maintain a physical copy in their own possession or ask their attorney to store it for them. Finding estate planning paperwork is an important first step in the probate process. The personal representative can validate their belief that they need to assume that position of authority and determine what other steps may be necessary during estate administration.
Secure outside assistance
Even in scenarios where a personal representative is familiar with the terms of an estate plan, they likely still require legal assistance. Small mistakes during probate proceedings can lead to litigation or personal liability. Typically, the estate itself covers the cost of legal representation for the personal representative. Making use of that option as soon as possible can help ensure smooth probate proceedings uncomplicated by common mistakes.
Initiate probate in a timely manner
The failure to notify the courts of estate administration and begin the probate process in a timely manner is a common issue that can lead to probate litigation. Families can sometimes seek the removal of representatives who fail to initiate probate proceedings.
Communicate with interested parties early and often
There are multiple parties who may have an interest in an estate. From creditors owed money by the deceased to their immediate family members and selected beneficiaries, a variety of different parties may expect to receive assets from the estate. Communicating with those parties early in the process to advise them of the probate proceedings and of the status of the estate is important for the minimization of conflict. Creditors and presumptive beneficiaries who know the status of estate administration are less likely to take issue with delays or initiate unnecessary litigation.
Being fastidious about the probate process early in estate administration can reduce the likelihood of complications arising later. Attention to detail and proper communication can significantly diminish the likelihood of conflict arising during estate administration.
