The Biggest Mistakes People Make When Probating an Estate

Guidance and Support from The Lansky Law Firm

At The Lansky Law Firm, we understand how overwhelming it can feel to take on the responsibility of probating an estate especially while grieving the loss of a loved one. Probate has always required careful attention, but in recent years the process has become significantly more complicated. Court backlogs, updated legal requirements, rising property values, and the growing presence of digital assets all place added pressure on anyone serving as an executor or personal representative.

Clients who come to The Lansky Law Firm often describe probate as trying to manage a full-time job during one of the hardest moments of their lives. That is why understanding the most common mistakes executors make can help prevent delays, unnecessary costs, and avoidable conflict among family members.

Below are some of the challenges The Lansky Law Firm sees most frequently and the key areas where executors must tread carefully.

1. Handling Assets Incorrectly

One of the first and most important responsibilities of an executor is securing the decedent’s assets. With the wide variety of assets people own today, this step demands accuracy and attention.

Families rely on The Lansky Law Firm to help navigate tasks such as:

• Freezing or transitioning bank accounts

• Securing real estate, updating insurance, and arranging maintenance

• Retitling or appropriately storing vehicles

• Managing digital assets, including online accounts, cryptocurrency, cloud-stored photos, and subscription services

• Overseeing business interests or rental properties to prevent financial loss

If these assets are not secured promptly, the executor may face theft, damage, or financial liability. The Lansky Law Firm guides executors through this process to ensure nothing is overlooked.

2. Categorizing Assets Incorrectly

Not all assets must pass through probate. Misclassifying assets is one of the most common mistakes we see at The Lansky Law Firm.

Assets that typically bypass probate include:

• Property titled in a trust

• Accounts with beneficiary designations, such as retirement accounts or life insurance

• Transfer-on-death or payable-on-death accounts

• Jointly owned property with rights of survivorship

• Insurance or annuity benefits with named beneficiaries

Correctly identifying probate vs. non-probate assets means a smoother, faster process. The Lansky Law Firm helps executors make these determinations early to prevent costly delays.

3. Failing to Determine Accurate Date-of-Death Values

Accurate valuations are crucial for tax reporting and for avoiding later discrepancies.

Executors must obtain date-of-death values for:

• Real estate

• Vehicles

• High-value personal property

• Investment and financial accounts

• Business interests

• Collectibles

• Digital assets with monetary value

The Lansky Law Firm assists executors in coordinating appraisals and working with financial institutions to ensure that valuations are completed correctly and promptly.

4. Overlooking Debts and Final Expenses

One of the most damaging mistakes an executor can make is distributing assets before handling outstanding debts.

Creditors may include:

• Medical providers

• Credit card companies

• Mortgage lenders

• Government agencies such as Medicaid estate recovery

• Private lenders or personal loans

Debts must be paid in a legally required order. If handled incorrectly, the executor may become personally responsible. The Lansky Law Firm guides executors step-by-step to ensure compliance and avoid liability.

5. Not Communicating With Heirs and Beneficiaries

Communication is essential during probate. In today’s world where families are often spread across states or communicate primarily online misunderstandings are common. 

Executors are expected to:

• Provide ongoing updates

• Communicate realistic timelines

• Share required information

• Address disagreements professionally

The Lansky Law Firm helps executors establish clear communication systems to reduce conflict and build trust among family members.

6. Missing Deadlines or Required Court Filings

Probate courts continue to face delays, and even small administrative errors can significantly slow down an estate.

Executors must stay organized with:

• Inventory filings

• Tax documents

• Required notices

• Court-mandated deadlines

• Detailed record-keeping

The Lansky Law Firm helps executors meet deadlines, comply with court requirements, and move the estate forward as efficiently as possible.

Probate Is Complex — The Lansky Law Firm Is Here to Help

Probate is a legal process filled with emotional, financial, and administrative responsibilities. Many executors feel unprepared. But with guidance from The Lansky Law Firm, families can avoid common pitfalls, reduce stress, and settle the estate with clarity and confidence.

Understanding these mistakes and choosing not to navigate probate alone can make all the difference. 

Peace of Mind through Preparation

If you want the security of knowing your legal documents are complete and your family is protected this holiday season, The Lansky Law Firm is here to help.

Visit Us: 6800 Poplar Ave #225, Memphis, TN 38138

Call Us: (901) 767-7006

Learn More: www.lanskylawfirm.com

Take the time to safeguard your family’s future today and travel with peace of mind.