Probate: What Actually Happens
Probate is the legal process of settling someone's estate after they die. It sounds intimidating. In most cases, it's a predictable, bureaucratic process — if you know what to expect.
The short version
When someone dies, a court verifies their will (if one exists), pays their debts and taxes, and distributes remaining assets to heirs. Probate is the supervised process that makes all of that legal and binding.
Assets that go through probate
- Assets in the deceased's name only, with no beneficiary designation
- Real estate titled in the deceased's name alone
- Bank accounts with no payable-on-death beneficiary
- Investments without transfer-on-death registration
- Personal property, vehicles, collectibles
Assets held in a living trust, jointly with a spouse, or with a named beneficiary generally skip probate entirely.
How long does it take?
Simple
6–9 mo
No disputes, clear will, modest assets
Typical
9–18 mo
Standard complexity, some creditor issues
Complex
2+ yrs
Disputes, taxes, multiple properties
What it costs
Most estates under $100,000 cost $2,000–$5,000 in legal and court fees. Estates over the federal exemption ($13.61M in 2024) may owe estate tax at 40% on the excess.
How to avoid it — or speed it up
- Joint ownership — Add a joint tenant with right of survivorship. Asset passes outside probate.
- Beneficiary designations — Name beneficiaries on all financial accounts and insurance policies.
- Transfer-on-death registration — Available for vehicles, securities, and real estate in many states.
- Living trust — Assets in a revocable living trust pass to heirs without probate. Most comprehensive tool, requires ongoing maintenance.
- Small estate affidavit — Many states allow simplified process for estates under $25,000–$100,000 with no real estate.
Note
Estate law varies significantly by state and country. This is general information, not legal advice. Consult a licensed estate attorney for advice specific to your situation.
Last updated 2025