3 Common Problems to Expect during Probate

It’s commonly known that the probate law process is complicated for most people. Besides costing a lot, the probate process also takes a long time. The court has to assign an executor; the executor has to follow any legal document to distribute the property among the beneficiaries, and so on!

Many legal problems can arise during the probate process. Scroll down and read to find out more.

Conflict Between Family Members and Beneficiaries

Perhaps the most common problem that we’ve seen in probate cases is the conflict between the deceased person’s family members. The conflicts can delay the probate process or cause litigation, resulting in further expenses and time. Some of these problems are discussed below.


  • One or more family members don’t want to sell a shared property and divide the money between the beneficiaries
  • The deceased person didn’t term the proper beneficiaries in the will, causing family disputes
  • Misunderstandings regarding the will’s content
  • Ambiguous words and beneficiaries in the will, making it difficult for people to do asset distribution

Personal Representative or Executor Refuses to Execute the Will

Another common problem that arises during the probate process is that the representative or executor named in the will refuses to take their role and look over the asset’s distribution. In some cases, the executor can’t execute the will due to an injury or disability, leaving the court to pick an executor.

In addition, if the deceased person hasn’t named the personal executor in their will, the court has to find one, making the process lengthier and more expensive. Finding a personal representative ready to take the responsibility can cause further legal problems.

A Challenge to the Will’s Validity

Ambiguous words in the will and misunderstandings over the will’s content can lead to one or more beneficiaries challenging the will’s validity in the court. In addition, if the court finds their claims to be accurate, it would cancel the will and distribute the estate based on the state’s law.

Probate lawyer written through scrabble boards

Solve Probate and Estate Planning Related Problems

Do you know that the most common problems in the probate process arise due to issues in the will or the estate plan? At Ledwidge & Associates, we offer estate planning NYC, where we help people draft court-accepted wills and estate plans. With the help of our probate attorney Brooklyn, you can make the probate process quicker and hassle-free. Reach out to us and draft a will through estate planning or get practical solutions to probate problems!

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3 Common Problems to Expect during Probate

Ledwidge & Associates

Ledwidge & Associates, P.C. in New York City has years of experience helping clients create estate plans that fit their needs. We have the experience and resources to handle your critical legal matters with the utmost care and attention to detail.
3 Common Problems to Expect during Probate

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