Navigating Legacies & Settling Affairs

The Probate Hub

The Probate Hub offers clear guidance, resources, and support to help you navigate estate administration, whether you’re managing a loved one’s affairs or planning ahead for your own. From the basics of probate to simplifying the steps involved, we’re here to help you make informed decisions with confidence and ease.

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Frequently Asked Questions About Probate

Probate is the legal process of administering a deceased person's estate. It involves verifying their will (if one exists), paying debts and taxes, and distributing assets to beneficiaries.

Probate is typically required when a person dies with assets in their name only and no designated beneficiary. Requirements vary by state, but many jurisdictions have simplified processes for smaller estates.

If there is a valid will, the executor named in the will files it with the probate court. The court validates the will, and the executor distributes the assets according to the deceased's wishes after paying debts and taxes.

If there is no will (known as dying intestate), the probate court appoints an administrator. State laws of intestate succession determine how assets are distributed, usually to close family members.

The probate process typically takes 6 to 12 months, but it can take longer for complex estates or if disputes arise. Some states offer expedited options for smaller estates.

  • File the will with the probate court (if applicable).
  • Appoint an executor or administrator.
  • Notify creditors, heirs, and beneficiaries.
  • Inventory the deceased's assets.
  • Pay outstanding debts, taxes, and expenses.
  • Distribute remaining assets to beneficiaries.
  • Close the estate.

Costs vary depending on the estate size and complexity, but typical expenses include court fees, attorney fees, and executor fees. Costs generally range from 3% to 7% of the estate's value.

Yes, probate can be avoided with proper estate planning tools like living trusts, joint ownership, payable-on-death accounts, and beneficiary designations.

An executor is responsible for filing the will, notifying creditors and beneficiaries, managing estate assets, paying debts and taxes, and distributing assets according to the will.

Simplified probate, or summary probate, is a streamlined process available for small estates, varying by state. It typically requires fewer court proceedings and less paperwork.

If someone challenges the validity of a will or other probate proceedings, it can lead to litigation. Common reasons include claims of undue influence, fraud, or lack of testamentary capacity.

Most states have a threshold for small estates (e.g., $25,000 to $100,000 in total assets). If the estate falls under this limit, you may qualify for simplified procedures. Check with your local probate court for specific rules.

No, assets with designated beneficiaries (like life insurance policies), jointly owned property, and assets held in a trust typically bypass probate.

Debts are paid from the estate before any assets are distributed to beneficiaries. If the estate's debts exceed its assets, the estate is considered insolvent, and beneficiaries may receive nothing.

In simple cases, probate can be handled without a lawyer. However, legal assistance is often helpful for larger or more complex estates, or if disputes arise.

Resources

Probate can be confusing and overwhelming during an already difficult time. Our resources are designed to help simplify the process.

Probate 101 Guide

Your introduction to probate & estate transition.

Get the Guide

State Specific Probate Guides

Because every state has its own laws and procedures.

Get the Guide

Probate Courts By State

In the United States, the number of probate courts varies state.
Find Your Probate Court

Checklist: Probate Avoidance

Proactive measures to minimize the impact of probate.

Get the Checklist

Disclaimer: The information provided on this page is for general informational purposes only and should not be considered legal advice. Please consult with a qualified attorney for advice specific to your situation.