Imagine for a moment that you just lost a loved one. Perhaps it was your sweet mother or father. Maybe it was your grandpa, who, even at 102 years old, was always so full of life and joked that he would somehow outlive everyone. Regardless, you and the rest of the family are grieving and supporting each other—as things should be during this difficult time. Then, seemingly overnight, probate enters the conversation and quickly changes the way everyone looks and acts toward each other.

Even with a Will, your loved one’s estate almost always goes through probate. It is a necessary process to help settle their affairs legally and fairly, and yet, it is often the catalyst for misunderstandings, hurt feelings, and full-blown family fights.

You certainly did not imagine so much tension getting between you and your sisters or stepmother.

But here you all are—disagreeing over money, property, responsibilities, and perhaps even a few unmet expectations.

Why Probate Does This to Families

In the simplest terms, probate is a complex but often necessary legal process where a court validates your Will and helps determine your heirs (the people who get your stuff). The court also ensures that assets are inventoried and appraised, that debts are paid, and that assets are ultimately distributed. If you have a legally valid Will, the court’s supervision—though still complex and time-consuming—is easier to navigate in many respects. If you do not have a Will, things can get overwhelming.

Even when there is a Will, most of us have heard at least one or two stories about the difficulties of navigating probate. It is like a complex puzzle with a million pieces that must be expertly managed to ensure everything fits exactly where it should.

The problem is that most families are not prepared for how emotionally exhausting and legally complicated probate can become once grief, money, existing tension, and differing opinions all collide at the same time.

For instance, maybe you have been placed in charge as the executor, and everyone is second-guessing every decision you make. Perhaps you were not put in charge, and that reality has made you feel slighted in some way. On top of that, you are starting to believe what you thought was promised to you might actually go to your stepbrother instead.

Others may struggle with how long the process is taking, and, of course, no one likes the financial part.

Before long, confusion turns into frustration. Frustration leads to arguments, and arguments threaten to damage family relationships and dynamics that once seemed unbreakable.

You Have More Control Over Probate Than You Think

Probate is what it is. That said, families can have more control over the process than they realize. And it all starts with ensuring their loved one has done all they can to create a clear estate plan and minimize confusion.

Here are 6 ways to make probate easier and limit the chance of family fighting:

1. Make sure your estate planning documents are clear — Not only that, but also keep them as up to date as possible. Estate planning documents should be updated every two to three years, especially after major life changes.
2. Avoid surprises — Most disputes arise between family members who were not kept in the know. Have conversations with your loved ones in advance and stay consistent with your plans. Unexpected distributions or surprises can cause hurt feelings and a lot of confusion when you are gone, and it is time for your family to step in.
3. Clearly document your wishes — A clearly crafted estate plan eliminates any confusion and guesswork. Family members can simply follow your wishes to the letter, thus making probate a little easier on everyone. Additionally, keep all important information organized, accessible, and in one place.
4. Executors should err on the side of communication — One of the worst things an executor can do during probate is cut off or limit contact with family members. Over-communicate with everyone so that people feel involved and informed. Provide regular updates, explain why delays are happening, and be transparent on all decisions.
5. Do not play favorites — It is wise to be as fair and balanced as possible when it comes to matters such as determining who gets your stuff and when. Granted, this is easier said than done, and you may have very specific and logical reasons why you make one decision over another. If this is the case, defer back to over-communication.
6. Work with an independent attorney — Working with an attorney to craft your estate plan in the first place will help you avoid many of the pitfalls families fall into unnecessarily. Furthermore, ensuring your family has access to that same attorney for probate representation after you are gone is also a smart strategy.

Simply stated, the Texas probate process can be overwhelming. That said, it does not have to be that way for your family and loved ones. We have helped people just like you get their estate plans in order and cover all of life’s many what-ifs. We have also helped loved ones feel secure about the probate process and access their inheritance as quickly as possible.

Let us make a complex process easier for you and your loved ones.

Call Leigh Hilton PLLC Today!!

Having a competent probate attorney in your corner will help you and your family navigate the often overwhelming waters of protecting everything you own and everyone you love. That is our job, and we think we do it better than anyone else. Call Leigh Hilton PLLC so we can help ensure you and your family are taken care of in the best possible way.

Leigh Hilton PLLC wants to be your first call every time for any estate planning need. We look forward to serving you.