After a loved one passes away, it can take a long time for friends and family members to recover. There is often grief to manage and difficult life changes to which they must adjust. Adding a lengthy probate process on top of all this can be overwhelming.
This is why many people want to expedite probate. As a loved one, you can play a role in this endeavor. Just be sure you avoid the following mistakes that can drag out the process:
- Hoping everything will work itself out - If you believe that there is something wrong or misguided during probate, it can be best to speak up, rather than hope everything works out. For instance, if you believe the executor is making unwise financial decisions or if you have doubts about the legitimacy of the will, bringing these matters to the attention of the court right away can be wise. Not only could you be avoiding months of contentious battles down the road, you could also protect your loved one's wishes.
- Making costly assumptions - That said, loved ones can delay the process when they make baseless accusations or file complaints without having grounds to do so. Assumptions about your loved one's wishes or the legal process can work against you when they are inaccurate, so use caution to avoid needless motions and allegations.
- Navigating the process alone - Probate is a legal process, and understanding it can be very complex, especially when you are also recovering from a loved one's death. Whether you are the executor of an estate, a family member or other interested party, trying to navigate the system on your own can be incredibly frustrating and time-consuming. Instead, you can consult an attorney who is familiar with the probate process and state laws to help you navigate the system more easily.
There are many aspects of Illinois probate that are out of the control of loved ones. However, when it comes to the elements you can control, it can be crucial to know your legal options and avoid missteps that drag out the process unnecessarily.