Top Questions Families Ask About Probate Answered

When a loved one passes away, families are often left navigating unfamiliar legal processes during a time of deep grief. Probate is one of the most common areas of confusion – and understandably so.

The word alone can spark stress, uncertainty, and a long list of questions about what happens next, what the family must do, and how long everything will take.

At The Blanchard Law Firm, we help families work through probate with clarity, compassion, and confidence. This guide answers the top questions families ask about probate so you can better understand the process and feel more prepared should your family ever face it.

1. What Exactly Is Probate?

Probate is the legal process that takes place after someone passes away. It involves validating a will, identifying and gathering the deceased person’s assets, paying debts, and distributing remaining property to beneficiaries.

The court oversees this process to ensure everything is done correctly and according to state law. If there is no will, probate is still required – the difference is that state law determines who inherits what.

In simple terms, probate does three things:

1. Confirms whether a will is valid.
2. Appoints someone to manage the estate (an executor or personal representative).
3. Ensures all debts, taxes, and distributions are handled properly.

2. Is Probate Always Required?

Not always – but often.

Probate is typically required when:

• The deceased owned assets solely in their name.
• There is no beneficiary listed on certain accounts.
• The estate is too large to qualify for simplified procedures.
• There are disputes regarding the will or inheritance.

 

However, probate may not be required if:

• The person used a revocable living trust to hold their assets.
• Assets have joint ownership with right of survivorship.
• Retirement accounts, life insurance, or bank accounts have designated beneficiaries.
• The estate qualifies for small estate procedures under state law.

 

Many families are surprised to learn how many assets can transfer outside probate simply by proper planning. In fact, some estates end up avoiding probate entirely simply because the proper titles and beneficiary designations were in place.

Taking these steps early can prevent months of court involvement and unnecessary expenses. A well-organized estate plan also gives families confidence, knowing exactly what will happen to each asset when the time comes.

 

3. How Long Does Probate Take?

Probate timelines vary widely depending on the complexity of the estate, but generally follow this pattern:

• Simple estates: 3–6 months
• Moderate estates: 6–12 months
• Complex estates: 12–24 months or more

 

Factors that slow probate down include:

• Missing or contested wills
• Complicated assets (businesses, real estate in multiple states)
• Family disputes
• Tax issues or large debts
• Difficulty locating heirs

 

While probate does require patience, having a clear will and organized financial records can significantly speed up the process.

4. How Much Does Probate Cost?

Costs depend on the size of the estate and the complexity of the case, but typical expenses include:

• Court filing fees
• Executor compensation
• Attorney fees
• Appraisal costs
• Accounting and tax preparation fees
• Publication or notice costs

 

Probate costs usually range from 3% to 7% of the estate’s value, though this can vary. Many families choose estate planning tools like trusts specifically to reduce or avoid these expenses.

Even seemingly simple estates can experience rising expenses if disputes occur or specialized valuations are needed. Planning ahead helps families avoid unexpected financial burdens and ensures more of the estate is preserved for loved ones

5. What Does an Executor Do?

The executor (or personal representative) is responsible for managing all aspects of probate. Their duties often include:

• Filing the will with the court
• Notifying creditors and beneficiaries
• Collecting, organizing, and inventorying assets
• Paying outstanding bills and taxes
• Managing or selling property if required
• Distributing assets to beneficiaries
• Keeping detailed records

 

Executors have a legal duty to act in the best interest of the estate. The role can be time-consuming and emotionally taxing, which is why many executors seek legal guidance to ensure responsibilities are met correctly.

6. What Happens If Someone Dies Without a Will?

When a person dies without a will, they are considered intestate. Instead of following personal wishes, state law determines:

• Who inherits assets
• How property is divided
• Who is appointed to oversee the estate

 

Typically, the spouse and children inherit first, followed by parents, siblings, or more distant relatives.

Many families find intestate probate more complicated and stressful because:

• There may be disagreements over distribution
• Certain loved ones may receive nothing under the default law
• More court involvement may be required

 

This is one of the biggest reasons attorneys encourage even simple wills – they provide clarity and control.

7. Are All Assets Subject to Probate?

No. Many assets pass automatically to beneficiaries and do not go through probate. These include:

• Life insurance with named beneficiaries
• Retirement accounts (401(k), IRA) with beneficiaries
• Payable-on-death (POD) or transfer-on-death (TOD) accounts
• Jointly owned real estate with right of survivorship
• Joint bank accounts
• Assets held in a revocable living trust

 

Understanding how each asset transfers helps families avoid unnecessary delays.

8. Can Probate Be Avoided?

Yes, but only with intentional planning. Common probate-avoidance strategies include:

• Creating a revocable living trust
• Adding beneficiary designations to accounts
• Assigning TOD or POD designations
• Establishing joint ownership of certain assets
• Making lifetime gifts
• Using small estate affidavits when allowed

 

Avoiding probate simplifies the process for families and often keeps the estate private.

 

9. Is Probate Public Record?

Yes. This is one of the biggest disadvantages of probate.

Probate files are public and may include:

• Inventory of assets
• Value of the estate
• Beneficiary names
• Distribution details
• Claims against the estate

 

For individuals who value privacy, trusts offer an alternative because they keep financial matters out of public view.

10. Can a Will Be Contested?

Yes, though not every challenge is successful.

A will may be contested if someone believes:

• The deceased lacked mental capacity
• The will was created under undue influence
• The will was forged or fraudulent
• The executor is not acting properly
• There is a newer or conflicting will

 

Will contests can significantly delay probate and create deep family conflict. Clear, professionally drafted estate planning documents help reduce the risk.

11. What Happens to Debts in Probate?

Before any beneficiaries receive assets, the estate must settle debts and expenses. This includes:

• Credit card balances
• Loans
• Medical bills
• Taxes
• Funeral expenses

 

Family members are usually not personally responsible for the deceased’s debts unless they co-signed a loan or are jointly liable. If the estate does not have enough assets to pay debts, it may be considered insolvent, and state law determines the priority of payments.

12. What If There Are Family Disagreements During Probate?

Sadly, probate can sometimes create tension within families. Common disputes involve:

• Who should serve as executor
• What the will means
• How assets should be valued
• Whether someone received “unfair” treatment
• Suspicions of undue influence or fraud

 

An experienced probate attorney helps mediate disagreements, interpret documents, and keep the process moving forward. Clear estate planning before death is the best way to minimize conflict.

13. How Can Families Prepare Now to Make Probate Easier Later?

Good preparation now can dramatically reduce stress for loved ones in the future. Families can:

• Create or update a will
• Consider a trust for probate avoidance
• Review beneficiary designations
• Compile a list of assets, accounts, and passwords
• Discuss wishes with family ahead of time
• Work with an estate planning attorney to keep documents current

 

This proactive approach ensures loved ones avoid unnecessary confusion, delays, and legal challenges. It also provides clear guidance during emotionally difficult times, helping families stay unified rather than overwhelmed.

Proper planning can significantly shorten the probate timeline and reduce costly legal hurdles. Most importantly, it gives your family confidence knowing they’re honoring your wishes exactly as intended.

Peace of Mind Through Preparation

Probate can feel complicated, but with the right knowledge and support, families can move through the process smoothly and confidently. Understanding what probate is and how it works helps you make better decisions, protect your assets, and reduce stress for the people you love.

If you have questions about probate or want to prepare your estate to make things easier for your family, The Blanchard Law Firm is here to help. Our experienced team guides clients through every step, from planning ahead to navigating the probate process with compassion and clarity.

Reach out today to schedule a consultation and begin building a plan that gives your family the peace of mind they deserve.