Frequently Asked Questions:

Probate is the legal process of validating a will and distributing assets according to the deceased person’s wishes. It’s necessary to ensure that all outstanding debts are paid and the estate is distributed legally and fairly among beneficiaries.

The duration of probate can vary depending on the complexity of the estate and whether there are any disputes. On average, it can take anywhere from six months to over a year. For more complex cases, it might take even longer.

The costs can include court fees, attorney fees, executor compensation, and other administrative expenses. These fees usually come out of the estate’s assets, which may reduce the inheritance for beneficiaries.

Yes, probate costs can be minimized or avoided with proper estate planning, such as creating a living trust. Assets held in a trust do not need to go through probate, potentially saving time and money.

An executor is the person appointed to manage the deceased’s estate during the probate process. Their responsibilities include locating the will, inventorying assets, paying debts and taxes, and distributing assets to beneficiaries. Executors can be family members or professionals.

Yes, if you’ve been named as an executor but are unable or unwilling to take on the role, you can decline. In that case, an alternate executor may be appointed by the court.

There are several ways to avoid probate, such as setting up a living trust, naming beneficiaries on accounts, and jointly owning property with rights of survivorship. Proper estate planning with these tools can help your assets pass directly to your beneficiaries without the need for probate.

If a person dies without a will (known as “intestate”), the probate court will distribute their assets according to the state’s intestacy laws. These laws vary by state but typically prioritize close family members like spouses and children.