Why Your Probate Application May Be Rejected

When you are in need of submitting an application for probate, you need to have a process in place that will ensure that your probate application is accepted. This way, no other documentation is needed. When the application for probate is submitted successfully, the results will be the best one can expect from our error-free process. Being free of errors allow us to obtain approvals for asset transfer so that an estate can be fully probated.

However, if a probate application becomes rejected by a registrar, there will need to be some extra documents submitted so that errors can be corrected. If a probate rejection takes place, the reason may be due to any of the following listed below.

Contradiction

When the probate application’s support documents have contradicting information, it may be rejected. This may include not disclosing all assets and leaving out trusts involving property.

Failing To Obtain A Bond

According to WESA, section 128 requires a bond order to be obtained for probate.

Providing Notice That Is Less Than 21 Days

When the notice of probate is served less than 21 days without being filed, it can cause the probate to be rejected. This error can sometimes take place due to incorrect dates placed on Affidavits. This will concern the registrar and thus lead to the probate application being rejected. Other instances may involve the requirements for delivery of an Affidavit not being met.

Parties Are Incorrectly Named

When a party is not named correctly, there may be a mismatch with other documents. This can lead to a rejection of the probate application. In order to avoid rejection, it is important to ensure that all spelling is correct prior to submission. In order to correct this, supplemental documents need to be submitted.

Altering Probate Forms

When submitting a probate application, it is not a good idea to make any alterations to the form or eliminate the forms language. Also, the correct form for the probate needs to be used.

Including Unnecessary Information

There is no need for all of the nicknames the deceased had while living. By including names that are not their birth name will cause a rejection of the probate application.

Adding Wrong Dates

It is important to have all dates equal among the documents so that Affidavits that are referenced will match the support documents.

Not Including Pertinent Information

When any pertinent information is not included in the liabilities and asset statements, the probate application can get rejected. This information must include where the asset is held, if interest is involved, if addresses are incomplete, and the method of ownership.

Not Serving The Trustee Or public Guardian

You can expect the probate application to be rejected if the trustee or public guardian is not served or you do not wait for any response from them.

When you are aware of the above reasons for rejection, you can expect your probate application to be accepted and approved for asset distribution. By getting a hold of our office, we’ll ensure that your probate application is sound so that probate can be completed as fast as possible.

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