How to Avoid Common Probate Mistakes

Representing the estate of a recently deceased loved one is a serious legal responsibility. Handling complex probate tasks while you’re still recovering emotionally can be a heavy burden. Even a small mistake while executing the terms of a will or distributing assets according to the state’s intestacy laws can lead to delays, squandered assets and possibly even legal liability. 

Hiring a knowledgeable South Carolina probate lawyer can help you gain a clear perspective on your fiduciary duties as you look to settle the estate as promptly and efficiently as possible. An experienced attorney will see that you avoid these common probate errors:

• Inventory mistakes — A key estate administration responsibility to keep an accurate, up-to-date inventory of incoming and outgoing assets. There are situations where a bank account, real estate parcel or personal property gets overlooked. To avoid this, take the time to review financial records, property deeds and other documentation thoroughly. Similarly, each expense and debt paid by the estate must be meticulously recorded. 

• Missed deadlines — When a South Carolina resident dies, their will must be filed within 30 days in the court of the county where they lived. Once a personal representative is appointed, they have 30 days to notify heirs and devisees. Missing these deadlines or others can result in penalties or even litigation. Staying organized and working with an experienced probate attorney can help you stay on track and meet all required timelines.

• Asset mismanagement — Using estate funds for personal needs or failing to keep accurate records can lead to accusations of misconduct. Even ambiguity over the disbursement of assets might trigger a dispute that requires a great deal of time and expense to resolve. 

• Overlooking tax obligations — Depending on the particular circumstances, a personal representative might have to address issues relating to estate, property and/or income taxes. You might consult with an accountant and/or an attorney to ensure that all obligations are satisfied and returns are filed properly. 

If you’ve been designated as the executor of someone’s will, or are serving as the administrator for a person who died intestate, obtaining qualified legal counsel gives you the best chance at a smooth probate process. McManaway Law, LLC in Greenville handles probate matters for Upstate South Carolina clients. To make an appointment regarding your estate administration matter, please call 864-428-8912 or contact me online.