FAQ & Glossary
Probate Questions, Answered
Use these to learn the basics and prepare questions for your attorney or real estate professional.
Frequently Asked
Probate FAQ
Click any question for more detail.
What is probate and when is it required?
Probate is the legal process by which a deceased person's will is certified and their estate is administered. It confirms the appointment of a personal representative, pays debts, and distributes assets. It is typically required when the estate includes real property or when asset value exceeds a certain threshold.
How long does probate usually take?
A general rule of thumb is approximately six months. However, it frequently takes longer due to problems locating heirs, will contests, unsettled claims, property that cannot be sold, or dissatisfaction with the personal representative's actions.
How does the probate process work?
The will is delivered to probate court, a notice of petition is published, the personal representative is certified, creditors are given a period to file claims, the representative identifies and secures assets, property may be sold, and remaining assets are distributed to heirs according to the will or state law.
Why is probate required?
Probate is needed to transfer legal title of property to heirs, collect taxes owed, provide a deadline for creditors to file claims, enable clear title transfer of real estate, and provide a legal method for distributing estate property.
What is a Personal Representative?
The Personal Representative (executor/executrix) is designated by the will, or appointed by the court, to administer the estate. Their duties include identifying assets, collecting debts owed, paying creditors, filing tax returns, and ensuring proper distribution to beneficiaries.
Can I handle probate without a lawyer?
While there's usually no legal requirement, probate is a formal procedure. One minor omission or missed deadline can cause everything to halt or expose everyone to liability. Professional help is generally recommended.
How much does probate cost?
When all costs are added up — appraisals, executor's fees, court costs, surety bond, legal and accounting fees — probate can easily cost from 3% to 7% of the total estate value. Will contests can escalate costs significantly.
What happens if there is no will?
If a person dies “intestate” (without a will), the probate court appoints an administrator to receive claims, pay creditors, and distribute remaining property according to the distribution plan established by state law.
Glossary
Common Probate Terms
- Decedent
- The person who has died and whose estate is being settled.
- Estate
- Everything the decedent owned at death — real estate, accounts, vehicles, and personal property — minus debts.
- Personal Representative
- The person appointed by the court to manage the estate. Also called an executor (named in a will) or administrator (no will).
- Letters Testamentary / Letters of Administration
- Court documents that give the personal representative legal authority to act for the estate, including selling real estate.
- Intestate
- Dying without a valid will. State law then decides who inherits.
- Heir
- A person entitled to inherit under state law when there is no will.
- Beneficiary
- A person or organization named in a will or trust to receive property.
- Creditor Claim Period
- The window during probate when creditors may file claims against the estate.
- Court Confirmation
- A hearing where the probate court reviews and approves a real estate sale, sometimes allowing other buyers to overbid.
- Living Trust
- A legal arrangement that holds assets during life and passes them at death, often avoiding probate.
This information is educational and is not legal advice. Please consult a probate attorney about your specific situation.
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