When a loved one passes away, the probate process often follows. Most expect probate to be a straightforward legal proceeding—distributing assets, settling debts, and handling taxes. But what happens when something goes wrong? What if a seemingly simple case turns into a web of legal challenges?

In Texas, the probate process is designed to ensure an orderly transfer of a decedent’s assets, yet unexpected issues can derail even the best-laid plans.

That’s where having an experienced family law attorney in Houston becomes crucial. At Daniel Ogbeide Law, we specialize in tackling complex family law and probate issues, ensuring that you and your family are protected through every step of the process.

In this blog, we’ll break down 10 uncommon issues that can arise during probate and offer tips on how you can prepare for them.

1. Lost or Destroyed Wills

In some cases, a will may have been lost or destroyed, either accidentally or intentionally. When this happens, the courts might rely on witness testimony to validate the original will. But without proper evidence, the court could rule that the decedent died intestate, which leads to a more complicated distribution of assets.

Tip: Always keep multiple copies of your will in secure locations and ensure that at least one trusted individual knows where the original is stored.

2. Challenges to the Will’s Validity

Heirs or beneficiaries may contest the validity of the will, claiming the deceased lacked mental capacity or was unduly influenced when the will was created. This can turn a simple probate process into a lengthy legal battle.

Tip: To avoid will contests, make sure the will is properly witnessed and executed. A family lawyer in Houston can also help ensure that no ambiguity exists in your final wishes.

3. Unidentified or Missing Heirs

In some cases, heirs may be unknown or cannot be located. This is more common when family relationships are strained, or the deceased moved to different locations without updating their documents. Locating missing heirs often requires the help of private investigators, adding delays and costs to the probate process.

Tip: Update your will regularly to reflect current relationships and maintain a detailed list of heirs, including their contact information.

4. Disputes Among Co-Executors

If the decedent named multiple co-executors, disagreements on how to manage the estate can lead to delays. These disputes can escalate, resulting in court intervention to settle the disagreement.

Tip: Consider appointing a single executor or clearly outlining responsibilities for multiple executors in your will.

5. Complex Business Ownership Transfers

If the decedent owned a business, transferring ownership can become tricky, especially if the will’s instructions are unclear. Business assets may also be subject to disputes between heirs, employees, or business partners.

Tip: Create a detailed succession plan for any businesses you own and consult family law professionals in Houston to ensure the smooth transition of business assets.

6. Jointly Owned Property

Joint ownership of property can complicate probate, especially if the surviving co-owner refuses to cooperate. In some cases, determining the legal ownership of jointly held property may require extensive legal intervention.

Tip: Clarify how jointly owned property will be handled in your will, and regularly review your ownership agreements with a family lawyer in Houston.

7. International Assets

Assets held in other countries add complexity to probate proceedings, as different countries have their own inheritance laws. Executors may need to work with foreign legal systems, causing additional delays and costs.

Tip: Consult a legal professional who is familiar with international probate laws if you own property or assets abroad.

8. Debts and Insolvency

If the estate is insolvent—meaning there are more debts than assets—the process of paying off creditors can become an arduous task. Creditors may dispute the amounts owed, or more creditors might surface later in the probate process, prolonging the settlement.

Tip: Maintain detailed records of your debts, assets, and creditors to make the probate process easier for your executor.

9. Unusual or Controversial Bequests

Leaving behind controversial bequests, such as significant donations to non-family members or organizations, can lead to disputes. Heirs may contest these bequests, leading to long legal battles.

Tip: Discuss your estate plans with your family in advance to reduce the likelihood of disputes over unusual bequests.

10. Tax Complications

Certain tax laws can significantly affect the probate process. Estates may be subject to federal or state estate taxes, and if the deceased’s financial records are disorganized, determining tax liabilities can take a long time.

Tip: Hire a probate lawyer to assist in navigating any complex tax issues and ensure that all taxes are paid promptly.

What Happens When Probate Issues Arise?

Are you facing one or more of these complex probate issues? If so, the stakes can be high. A long, drawn-out probate process can drain your loved ones emotionally and financially, leaving them with less than what was intended. These complications demand expert legal attention, and this is where we can help.

At Daniel Ogbeide Law, our experienced family law professionals in Houston are well-versed in probate law. We understand that the probate process can be overwhelming, and unexpected issues make it even more stressful. That’s why we are here—to offer guidance, support, and legal expertise to solve your probate puzzles efficiently and effectively.

Are You Prepared for Probate Pitfalls?

Probate is often seen as a necessary but simple legal step after a person’s death, but as we’ve outlined, uncommon issues can emerge, throwing a wrench into the process. Have you ensured that your will is up to date and clear? Are you confident that your executor can manage your assets without facing unnecessary complications? If these questions give you pause, now is the time to take action.

Daniel Ogbeide Law specializes in handling complex family law and probate issues, ensuring that your estate is managed exactly as you intend. With decades of experience as family lawyers in Houston, TX, we help families avoid probate pitfalls and protect their loved ones. Contact us today by calling 832-321-7005 to discuss your needs and safeguard your legacy for the future.

Make sure you’re prepared for whatever the future holds—schedule a consultation with our experienced family law attorney in Houston, and rest assured that your estate will be in good hands.