Question 1

What is probate?

Accepted Answer

Probate is the court-supervised procedure that authenticates the Last Will and Testament (if there is one), appoints an executor or administrator, pays the deceased person's final debts and taxes, and distributes the remaining property to the rightful beneficiaries.

Question 2

Does everything go through probate?

Accepted Answer

No. Non-probate assets include: assets held in a living trust, life insurance policies with a designated beneficiary, retirement accounts (IRA, 401k) with a designated beneficiary, bank accounts with Payable on Death (POD) designations, and property owned as joint tenants with right of survivorship.

Question 3

How long does probate take?

Accepted Answer

Depending on your state and the complexity of the estate, probate can take anywhere from six months to over a year. Simple estates with no disputes move much faster than complex ones or those where family members contest the will.

Question 4

Do I need a lawyer for probate?

Accepted Answer

Not necessarily for small estates, but probate law is complex and mistakes can be costly. Most families benefit from at least a consultation with a probate attorney, especially if real property is involved or if family members disagree.

Probate 101: What Is Probate and Do You Need It?