Common Probate Mistakes That Cost Families Thousands (And How to Avoid Them)

Probate is the court-supervised process of settling a person’s estate after they pass away—and while it serves an important legal function, it can also be time-consuming, public, and expensive. Unfortunately, many families lose thousands of dollars (and countless hours) due to common probate mistakes that could have been avoided with some simple planning.

At Pettis Webber Pacific, we’ve guided many Washington families through the probate process—and we’ve also helped others plan ahead to stay out of it. In this article, we’ll explore the most common probate missteps and how to avoid them.

Mistake #1: Not Having a Will or Trust

When someone passes away without a will (called “dying intestate”), the state of Washington decides who inherits the estate. This may not reflect your wishes and can lead to confusion, delays, and court involvement.

How to avoid it:

• Create a valid, up-to-date will that clearly names your beneficiaries and executor.
• For additional control and privacy, consider a revocable living trust to bypass probate altogether.

Mistake #2: Failing to Fund a Trust

Many people create a revocable living trust but forget the most important step: funding it. If assets are not properly titled in the name of the trust, they may still go through probate—defeating the whole purpose of a revocable living trust.

How to avoid it:

• Transfer ownership of real estate, bank accounts, and investment accounts into the trust.
• Regularly review your assets to make sure new ones are also titled correctly.

Mistake #3: Outdated or Incomplete Beneficiary Designations

Beneficiary designations on retirement accounts, life insurance, and bank accounts take precedence over your will or trust. If they’re missing, outdated, or inconsistent with your estate plan, it can lead to assets going to the wrong person—or to probate.

How to avoid it:

• Review beneficiary designations regularly, especially after major life changes (marriage, divorce, birth, death).
• Coordinate these designations with your overall estate plan.

Mistake #4: Naming the Wrong Personal Representative

The personal representative (executor) plays a critical role in managing your estate. If the wrong person is named—someone who lacks time, skill, or trustworthiness—it can result in costly delays, disputes, or mistakes.

How to avoid it:

• Choose someone who is responsible, organized, and able to communicate well with beneficiaries.
• Name alternates in case your first choice is unavailable.
• Consider working with an attorney to support your representative during the process.

Mistake #5: Leaving Behind Disorganized or Hidden Records

If your loved ones can’t find your documents, it may force them to go to court—even if you had a plan that would keep your estate out of court. Disorganization leads to confusion, stress, and wasted money tracking down assets or legal paperwork.

How to avoid it:

• Keep your will, trust, and other legal documents in a safe but accessible place.
• Create a list of assets, account information, and passwords.
• Make sure your family or representative knows where to find this information.

Mistake #6: Not Planning for Incapacity

Probate (or a the court process) isn’t just about what happens after death—it can also be triggered if you become incapacitated and don’t have powers of attorney in place. Without them, your family may have to go to court to get guardianship or conservatorship which is kind of like a probate for a living person.

How to avoid it:

• Sign a durable financial and health care power of attorney and a health care directive while you’re still healthy.
• Choose agents who can act on your behalf and understand your wishes.

Mistake #7: Trying to DIY Estate Planning

Online forms or generic documents may seem convenient, but they often lack the legal detail needed to avoid probate issues—even under Washington law which is thought of as an “easy probate” state. A poorly drafted or invalid document can cost your family far more than it saved.

How to avoid it:

• Work with an experienced estate planning attorney who understands Washington’s probate and other estate planning laws.
• Get customized advice based on your family structure, assets, and goals.

Planning Ahead Saves Time, Money, and Stress

Avoiding probate isn’t always possible—but with good planning, you can minimize its impact and protect your loved ones from unnecessary legal, financial, and emotional burdens.

Whether you want to streamline your estate, update old documents, or create a trust that bypasses probate, our team at Pettis Webber Pacific is here to help.

Click here to schedule a consultation and let’s make sure your estate plan keeps your family protected.