5 Common Mistakes to Avoid During Probate

Mistake #1: Not Filing the Will in a Timely Manner

One of the most common mistakes is delaying the filing of the will with the court. Each state has its own expectations for how quickly the will must be filed:

• Connecticut: While not a specific number of days, Connecticut expects the will to be filed "within a reasonable time." Connecticut has 54 individual Probate Court districts, so you must file in the correct one based on the deceased's town of residence.
• Maryland: Maryland requires the will to be filed with the Orphans' Court within 30 days of the death. This is one of the stricter timelines and missing it can cause complications.
• Massachusetts: Massachusetts requires the will to be filed within 30 days of the death with the Probate and Family Court in the county where the deceased lived.
• Washington DC: DC requires the will to be filed with the Superior Court Probate Division within a reasonable time, typically within 30 to 60 days.

Some families postpone filing because they believe they can handle the estate informally without court involvement. In the meantime, the estate's assets, including any real property, are in limbo. No one has legal authority to manage the property, pay bills, or maintain the home.

How to avoid this mistake:

File the will with the appropriate court as soon as possible after the death, ideally within the first few weeks. Know your state's specific deadline. Early filing gets the clock started on the entire process and prevents legal complications.

Mistake #2: Skipping the Court Inventory Requirement

Once the Executor or Personal Representative is appointed, all four states require a complete inventory of estate assets to be filed with the court. This inventory must include real estate, bank accounts, investments, vehicles, personal property, and any other assets.

Some skip this step or provide an incomplete inventory, thinking they will fill in details later. This is a serious error. The inventory establishes the estate's value, which affects court oversight, tax obligations, and creditor claims.

The inventory deadline varies: Connecticut typically requires filing within two months of appointment. Maryland allows the Personal Representative up to nine months to file the inventory. Massachusetts requires the inventory within three months of the appointment date. DC requires the inventory within three months of appointment.

How to avoid this mistake:

Start gathering asset information immediately after being appointed. Open a dedicated estate checking account to track all financial activity. Work with your probate attorney to prepare a complete inventory. For real estate, obtain a professional appraisal or detailed comparative market analysis to establish accurate fair market value.

Mistake #3: Distributing Assets Before Debts Are Paid

All four states require that the Executor or Personal Representative first pay all valid debts, taxes, and administrative expenses before distributing assets to beneficiaries. This includes funeral expenses, outstanding medical bills, credit card debt, mortgage balances, and any other legitimate claims against the estate.

Distributing assets early, even with the best intentions, can create serious legal exposure. If the estate later does not have enough funds to pay creditors, the person managing the estate may be personally liable for those debts. This is one of the most dangerous mistakes you can make.

Probate costs typically range from 3% to 7% of the estate value, and failing to properly manage creditor claims can significantly increase those expenses. Each state has its own creditor claims period: Connecticut requires publishing a Notice to Creditors with a four-month claims period. Maryland has a six-month claims period from the date of appointment. Massachusetts requires a creditors' notice with a one-year claims period. DC has a six-month claims period from the appointment date.

How to avoid this mistake:

Publish the Notice to Creditors promptly after receiving your appointment documents. Keep a detailed record of all creditor claims. Maintain a reserve of estate funds for unexpected claims. Do not distribute any assets, including proceeds from selling the home, until all debts are satisfied and the court approves the final accounting.

Mistake #4: Not Getting Proper Appraisals and Valuations

When an estate includes real estate, accurate valuation is critical. Some guess at the property's value or rely on outdated tax assessments. This is a mistake for several reasons.

The court expects accurate asset valuations as part of the estate inventory. If the property is sold during probate, the sale must reflect fair market value. Selling significantly below market value can lead to challenges from beneficiaries or the court. Incorrect valuations can also affect estate tax calculations.

The role of court confirmation in property sales varies: Connecticut and Massachusetts generally require less formal confirmation for reasonable sales. Maryland's Orphans' Court may require confirmation of the sale. DC's Superior Court may require confirmation in supervised administrations.

How to avoid this mistake:

Always obtain a professional appraisal for real estate in a probate estate. Work with a real estate professional who understands probate valuation to get a comparative market analysis as an additional benchmark. For personal property of significant value, consider a specialized appraisal. Document all valuation methods used so you can demonstrate your process to the court if needed.

Mistake #5: Trying to Sell the Property Without Probate Experience

Selling a probate property is different from a regular home sale in every state. The Executor or Personal Representative must navigate court requirements, disclosure limitations, beneficiary expectations, and fiduciary duties that do not apply in standard transactions.

Common issues include: pricing the property incorrectly because the executor is emotionally attached or pricing too low for a quick sale; failing to properly document authority for title companies and buyers; mishandling the disclosure process when lacking personal knowledge of the property's condition; and not understanding how sale proceeds must be handled within the estate accounting.

Additionally, each state has specific requirements for how and when a probate property can be listed. You must have your court appointment documents before signing any listing agreement. Listing before the court issues these documents creates legal complications and could expose you to personal liability.

How to avoid this mistake:

Work with a real estate professional who has specific experience with probate sales in your state. Robert Clarke has helped numerous executors and personal representatives across Connecticut, Maryland, Massachusetts, and Washington DC list and sell estate properties efficiently. He understands the court requirements, the disclosure process, and the importance of balancing a timely sale with maximizing estate value.