3 Frequently Overlooked Probate Nuances Executors Should Prepare For

Obtaining the death certificate, filing the petition for probate, notifying beneficiaries and creditors, appraising and distributing assets, and paying off debts is already a lot for an executor of a will to handle. But with a rise in the use of computers to handle most everything in our lives and the increase in second or third marriages, it becomes clear there is a lot more overlooked probate nuances in executing the wishes of the deceased than first appears on the surface.

1. Digital Assets

Gathering assets and paying debts used to be relatively straightforward, as most everything was tangible. But as digital assets and the use of websites and cloud services become more prominent, attaining the information for bank accounts, payment vendors, email, social media, music/movie libraries, loyalty rewards, and cryptocurrency can become frustrating, especially when certain elements, such as login keychains, aren’t in place before a person’s death.

The executor must also be aware of the wide variety of service agreement terms and privacy laws across platforms, which may make the collection and transfer of digital assets that much more difficult to manage. The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) helps to alleviate some of this discrepancy, but it must be clear in the will as to whom may access and manage a decedent’s digital accounts.

2. Blended Families

Other unique challenges arise when dealing with blended families during probate. With more complex family dynamics come more conflicts, especially if a will isn’t updated upon a second marriage or a family member was accidentally removed.

The most complicated aspect to be aware of comes in the form of comingled assets. These arise when an asset from the first marriage is sold and used to purchase a new asset in the second marriage without the will being updated to reflect this.

For example: John remarries and decides to sell his cabin (which was part of his original will) to buy a new home. Upon his death, the original heirs still expect to inherit the cabin, which is now part of a new asset and his new wife’s inheritance.

Other possible points of contestation may include IRAs, retirement plans, life insurance, and the choice of an executor. Best advice: be fair when administering assets, keep a dialogue open with everyone involved, and understand the rights each child/stepchild and spouse may have.

3. Probate Law Changes

Probate Law is constantly changing in hopes of helping streamline the process. In 2025, California enacted provisions from AB 2016 that removed the value of a decedent’s primary residence from their overall total asset threshold for automatic probate. So long as the primary residence is valued at less than $750,000, and the remaining assets do not exceed $184,500, you may apply for summary procedures (or Small Estate Affidavits) instead of petitioning for probate.

Check out our Executor Duties Checklist to make sure you’re performing all duties correctly, then contact a seasoned probate attorney for more information and assistance in the probate process.

Tags: Assets, blended family, death, digital, digital accounts, Estate Planning, families, laws, Probate, second marriage, will
Posted in Estate Planning - Wills, Trusts, and Probate, Executor | 1 Comment »