Ways to Avoid Problems in Supervised Formal Probate Administrations

When you are a Personal Representative in a supervised administration for probate versus an unsupervised administration or an informal probate, you are held to a different standard as far as following the rules. There are specific rules for the probate court. In an unsupervised administration, the court is not watching you as closely to make sure that you are following those rules. However, when it is a supervised administration, almost everything has to be presented to the court for approval.

If you do not get the court’s approval in advance of doing something, it may or may not be detrimental, depending on your situation. For example, if all beneficiaries are aware of what is happening, the court may not take any recourse other than retroactively approving what was done. However, if not all beneficiaries are included in what is done, or there are other issues such as a minor is involved, then the court very well may punish the individuals who violated the rules more severely.

The best course of action as a Personal Representative is to follow your attorney’s advice. There are so many details within the rules of what needs to be done and what is prohibited. Without the advice of counsel, it is easy to miss something.

The last thing you want to do as a Personal Representative is to make a mistake that puts you in trouble. It is easily avoidable if you are diligent in your role as Personal Representative and avoid taking any significant action without consulting your attorney first.