How probate works in the US
Probate is a state court process, and the rules differ by state. Most states have simplified procedures, such as a small estate affidavit, for estates below a set value. Assets held in a living trust, jointly owned with right of survivorship, or passing by beneficiary designation usually avoid probate altogether.
Questions to ask a probate & estates lawyer
- Can you handle just the court application, or do you only take on the whole estate?
- How will you charge: hourly, fixed fee or a percentage of the estate?
- How long before beneficiaries are likely to receive anything?
- What should I do now to protect the property and accounts?
Frequently asked questions
How long does probate take?
Simple estates may close within several months. Estates with real estate, disputes or tax issues often take a year or more.
Is the executor personally liable?
An executor who distributes assets before paying debts and taxes, or who makes serious mistakes, can be personally liable. That is a good reason to take advice.