🔹 Frequently Asked Questions

What is probate?

Probate is the legal process of settling a person’s estate after they pass away. It involves validating the will (if there is one), paying debts, and distributing assets to heirs or beneficiaries.

How long does probate take?

In most cases, probate lasts 6 to 12 months. Delays can happen if there are disputes, missing documents, or complex assets.

Do all estates go through probate?

Not always. Small estates or those with assets placed in a trust may avoid formal probate. The exact rules depend on the state and the type of assets involved.

What is an executor or personal representative?

This is the person legally responsible for managing the estate—filing paperwork, securing assets, paying debts, and distributing property.

Can property be sold before probate is complete?

Sometimes, yes—but it depends on the court's rules and whether the executor has the proper authority. We can help you understand what’s allowed and when.

What does it cost to go through probate?

Costs can include court fees, attorney fees, appraisal costs, and possibly real estate commissions. In most cases, these are paid from the estate before heirs receive their inheritance.

🔹 Glossary of Common Probate Terms

Beneficiary

Executor / Executrix

Personal Representative

Heir

Intestate

Testate

Estate

Probate Court

Letters of Administration / Testamentary

Inventory

Term

Simple Explanation

A person who receives money or property from a will, trust, or insurance policy.

The person named in a will to carry out its instructions.

Another term for executor, especially in states that don’t use gendered terms.

Someone who inherits when there is no will, based on state law.

Dying without a will.

Dying with a valid will.

Everything a person owns at the time of death.

The court that oversees estate settlement.

Documents that give the executor legal authority to act.

A list of the estate’s assets.

Probate Definitions And General Information

How does the probate process work?

How long does probate usually take to complete?

Why is probate actually required?

Is it necessary for all of the decedent’s property to go through probate?

How much does probate cost?

If there is a really small estate, is probate still necessary?

What goes on in the probate of an uncontested will?

Where is Probate handled?

Can I handle probate without a lawyer?

Definition and Duties of the Personal Representative / Executor / Executrix

What happens when the person who dies owned land in multiple states?

Who is legally responsible for handling the probate process?

What are the main duties of a personal representative?

If I am named as the personal representative, do I have to accept the job?

Are personal representatives usually paid for their work?

What happens if the personal representative fails to perform his or her duty?

What if someone objects to or contests the will?

What is the basis for a will contest?

How can a will be “contested”?

What if there is no will?

What happens if a will cannot be found?

How can I find out if there was a will?

How can I avoid probate of my estate?

How are creditors against the estate handled?

Do beneficiaries have to pay creditors out of their own pocket if the estate is insolvent?

How are taxes handled in probate?

After a will is created, can it be modified?

Are provisions for the care and guardianship of minor children usually provided for in a will?

Are there any specific rules about how property can be disposed of?

Can there be more than one designated personal representative?

Is it necessary for the personal representative to live in the decedent’s state?

How does “joint tenancy” affect a will?

Must a will actually be read out loud to the family by the personal representative or attorney?

Should a will provide a separate list that details and bequeaths specific personal property?

What are the actual requirements for a will to be valid?

What happens if a person dies without leaving a will?

When should I make a will?

Who can or should draft my will?