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Why Probate Is Problematic

Tax Law

Probate is the legal process by which a deceased person’s assets are distributed to their heirs and beneficiaries. While it may seem like a straightforward procedure, probate can be a complex and time-consuming process that can lead to a variety of issues for those involved. There are several reasons why many people want to bypass the probate process altogether. 

Time-consuming process: Probate is not a quick process, and there are many steps involved which can take a long time to complete. During this time, the assets of the deceased are tied up in the probate process, which can cause financial strain on the beneficiaries who may need access to those assets.

Expensive: Another issue that probate introduces are the numerous expenses. Probate fees can be high, especially if the estate is large and complex. In addition, legal fees can quickly add up, making probate an expensive process for those involved.

Lack of privacy: Probate is a public process, which means that anyone can access the court records and find out information about the deceased person’s assets, debts, and beneficiaries. Many families going through estate planning matters prefer to keep their affairs private, which makes probate an issue.  

Potential for conflict: Probate can also introduce new points of conflict among family members. Disputes over assets, debts, and other issues can arise during the probate process, which can cause stress and tension among family members.

Delayed distribution of assets: When probate is triggered, it can delay the distribution of assets even further. This delay in the distribution of assets can be a problem for beneficiaries who may need access to those assets to pay bills or other expenses.

Court involvement: Probate is a court-supervised process, which means that the court has to approve all decisions related to the distribution of assets. Beneficiaries may have to experience even more delays and other additional expenses when the court is involved. 

Inefficient: When an estate goes through probate, it may not be the most efficient process. The court system is often bogged down with cases, which can cause delays and increase the time and expense of probate.

Taxes: Another reason that many people choose to avoid probate concerns tax problems, as a probate lawyer like one from Silverman Law Office, PLLC can elaborate on. Depending on the size and complexity of the estate, there may be estate taxes or other tax issues that need to be addressed during the probate process.

Lack of control: Finally, probate can be an issue because it can leave beneficiaries with a lack of control over the distribution of assets. Because the court can make the final decision, it may be a decision that does not always respect the wishes of the beneficiaries. 

While probate is a necessary process for distributing the assets of a deceased person, it can also be an issue for those involved. Because probate is often highly expensive and can make it harder for beneficiaries to obtain their assets, many people want to avoid going through probate. As such, it’s important to understand the potential issues of probate and explore alternative options, such as trusts or other estate planning tools, to avoid these problems. Find out more about how you can obtain legal services with the help of a qualified lawyer.