Common Probate Mistakes Executors Make and How to Avoid Them

Being named the executor—or “personal representative”—of an estate is an honor, but it’s also a serious responsibility. In both Kansas and Missouri, probate can be a complex process. Executors are expected to navigate court procedures, manage assets, pay off debts, and distribute what’s left to the rightful heirs—all while grieving the loss of a loved one.

Unfortunately, many executors make costly or time-consuming mistakes simply because they don’t know what’s expected of them. Here are some of the most common probate mistakes—and how having experienced legal guidance can help you avoid them.

1. Failing to Open the Estate Promptly

One of the most common missteps is delaying the start of the probate process. Executors may hesitate because they’re overwhelmed or unsure of what to do. However, waiting too long can lead to missed deadlines, asset depreciation, or even legal penalties. In Kansas and Missouri, there are specific timeframes for opening probate, and missing them can cause unnecessary complications.

Solution: Work with a probate attorney as soon as possible after death. We can help you file the required documents and move the process forward efficiently.

2. Distributing Assets Too Soon

Some executors make the mistake of distributing money or property to beneficiaries before confirming that all debts and taxes have been paid. This can be a serious error—if an unpaid debt surfaces later, the executor may be held personally liable to repay it.

Solution: Ensure that all debts, claims, and taxes are resolved before distributing any assets. We help you create a clear accounting of the estate’s liabilities and guide you through the proper order of operations.

3. Mismanaging Estate Assets

Executors are responsible for safeguarding estate assets during probate. This includes maintaining property, securing valuables, and making prudent investment decisions. Mismanagement—even if unintentional—can result in legal claims from beneficiaries.

Solution: Maintain detailed records, avoid risky financial decisions, and ask for help managing complex assets. Our firm works closely with executors to protect the estate’s value throughout the process.

4. Failing to Communicate with Heirs

Probate can stir up family tensions, especially if beneficiaries feel left in the dark. Failing to provide updates or explanations can erode trust and trigger disputes.

Solution: Keep beneficiaries informed and be transparent about the timeline and expectations. As your legal advisors, we can handle much of the communication and act as a neutral voice of authority.

5. Trying to Handle It All Alone

Probate can involve court filings, creditor claims, tax filings, real estate issues, and more. Trying to handle it all without legal help can lead to errors, missed deadlines, and significant stress.



Solution: You don’t have to go it alone. Our firm has helped many personal representatives in Kansas and Missouri navigate probate from start to finish. We’ll walk you through every step and help you fulfill your duties confidently and correctly.