Frequently Asked Questions

Probate is the legal process used to settle a person’s estate after they pass away. During probate, the court:

• Confirms the will is valid (if one exists)
• Appoints someone to manage the estate (an executor or personal representative)
• Ensures debts and taxes are paid
• Oversees the distribution of remaining assets to heirs or beneficiaries

Probate provides legal oversight to make sure everything is handled properly and fairly.

No, probate is required even if you have a will. The will acts as instructions to the probate court, but the court must still approve and supervise the process. Probate is still required to:

• Officially recognize the will
• Give the executor legal authority to act
• Protect creditors and beneficiaries
• Ensure assets are transferred correctly and lawfully

Without probate, banks, title companies, and other institutions usually will not release or transfer assets.

Probate generally applies to assets that are:

• Owned solely in the deceased person’s name
• Not assigned a beneficiary
• Not held in a trust

Common probate assets include:

• Real estate owned individually
• Bank accounts without payable-on-death designations
• Vehicles
• Personal property
• Investments without named beneficiaries

Some assets pass directly to beneficiaries without probate, such as:

• Assets held in a living trust
• Jointly owned property with right of survivorship
• Life insurance with a named beneficiary
• Retirement accounts with designated beneficiaries
• Payable-on-death or transfer-on-death accounts

The probate process can vary wildly. Sometimes it only takes a few months for simple wills, but it may take years for complex or contested cases. The length of the probate process depends on:

• The size and complexity of the estate
• State laws
• Whether there are disputes or creditor claims
• How organized the estate is

Delays are common if paperwork is incomplete or conflicts arise.

Probate can involve costs such as:

• Court filing fees
• Attorney fees
• Executor fees
• Appraisal and accounting costs

These expenses vary depending on factors such as your state of residence and the size of the estate. Your mileage may vary, but it is common for probate fees to cost several thousand dollars.

Yes. Probate is a public court process. This means:

• Wills become public records
• Asset values may be viewable
• Anyone can access probate filings

This is one reason some people explore estate planning options to minimize probate exposure.

Probate can sometimes be reduced or avoided through proper planning, such as:

• Creating a living trust
• Updating beneficiary designations
• Structuring asset ownership carefully

However, probate cannot always be completely avoided, and having a will alone does not eliminate it.

If a person dies without a will, probate is still required. The court distributes assets according to state law rather than personal wishes, which may not reflect what the person intended.