It's not the process, it's the people - The problem with probate

Probate has a bad name - something akin to a four letter word.  It's not probate that is generally the problem, however,  it's usually the people - the personal representative, the beneficiaries and yes, even the attorney.

Probate is a statutory process for the administration of a will.  Generally it is a three step process with a few twists and turns.  The first step is the identification, gathering and valuation of the estate assets.  The second step is the identification and notification of potential creditors. The third step is the distribution of assets to the beneficiaries.  Sounds simple, right?  Generally, not as simple as we would like because we are dealing with people - their personalities, their eccentricities, their fears and doubts, just to name a few of the potential issues we deal with on a daily basis. 

What is the law firm to do when the named and appointed personal representative simply will not carry out the responsibilities of their role?  They are our client so we can't file a Petition for Removal - another beneficiary would have to do that.  We can, if nothing else works, eventually file a Petition to Withdraw.  This can be tricky though because a personal representative must be represented by counsel and we can't simply leave them unrepresented.  They need to hire new counsel and if one attorney wants to fire them, why would another law office want that client? 

What if beneficiaries are slow to respond or won't respond at all?  That can slow the whole process down to a mud crawl.  Then everyone gets frustrated - the personal representative, the beneficiaries and the law firm. 

What if a beneficiary calls the law office continuously with a barrage of questions about their rights - now taking up the valuable time of the firm without compensation?  Generally our recommendation to the beneficiary is to seek independent representation so they can get their questions answered but that doesn't always happen. 

So part of the problem with probate it not the process itself, it's the people that create havoc, chaos and slow down the process so that the time necessary to complete the administration seems endless.  Choosing your personal representative is an important decision - think of all of the potential problems ahead of time.  Choosing your legal representative is also important - select a representative that is expert at the process and good at dealing with the people.