“Nearly 60% of American adults don’t have a will or estate plan, leaving their loved ones to navigate the complex probate system alone.” – Caring.com 2024 Survey
If you’ve recently lost a loved one, you might be facing a mountain of paperwork, questions, and stress. One word you’ll hear a lot during this time is probate. What is probate? Do you have to go through it? And how can you move through it as smoothly as possible?
This guide breaks down probate into simple steps. By the end, you’ll understand what probate means, when it’s needed, how long it takes, and how to avoid it in the future. Plus, if you’re thinking about selling a property that’s going through probate, we’ll explain how we at Big and Small Properties can help.
1. What Is Probate?
Probate is the legal process used to settle someone’s estate after they pass away. A probate court makes sure the person’s debts are paid and the remaining property is given to the rightful heirs.
The court ensures:
- The will (if one exists) is valid
- Assets are listed and valued
- Debts and taxes are paid
- Property is passed to heirs or beneficiaries
People involved in probate:
- Executor (named in the will)
- Administrator (appointed if there’s no will)
- Probate court judge
- Beneficiaries (those who inherit)
2. When Is Probate Required?
Not every estate needs to go through probate. It depends on how the deceased person’s assets were owned.
Probate is required when:
- The deceased owned property only in their name
- There’s no valid will
- There are debts or disputes among heirs
Probate may NOT be needed when:
- Assets were in a living trust
- Accounts have a named beneficiary (life insurance, retirement accounts)
- Assets were jointly owned with rights of survivorship
3. How Long Does Probate Take?
Probate can take anywhere from a few months to over a year.
Typical timelines:
- Simple estates: 3–6 months
- Complex estates: 9–18 months or longer
Things that affect the timeline:
- Missing or unclear documents
- Disputes over the will
- Taxes owed
- Selling real estate or businesses
4. How Much Does an Estate Have to Be Worth to Go Through Probate?
Each state sets its own minimum value (called a threshold) for when probate is required.
Examples:
- California: Estates over $184,500 must go through probate
- Texas: Over $75,000 (not counting exempt property)
Small estates may qualify for simplified processes using a “small estate affidavit.”
What counts toward the estate value?
- Sole-owned real estate
- Bank accounts without beneficiaries
- Cars, jewelry, personal items
5. What Happens During the Probate Process?
Here’s a step-by-step of what you can expect:
Step-by-step:
- File the will with the probate court
- Appoint an executor or administrator
- Notify heirs, creditors, and the public
- Inventory and appraise all assets
- Pay off debts and taxes
- Distribute the remaining property to heirs
6. How Much Does Probate Cost?
Costs vary depending on the size and complexity of the estate.
Typical costs include:
- Court filing fees ($200–$1,000+)
- Attorney fees (flat fee or percentage)
- Appraisal fees
- Executor fees
Who pays?
- The estate pays these costs before money or property is given to heirs.
7. Can Probate Be Avoided?
Yes! And many people plan ahead to do just that.
Ways to avoid probate:
- Living trust: Place property in a trust that passes automatically
- Joint ownership: With rights of survivorship
- POD/TOD designations: For bank and investment accounts
- Small estate affidavit: Use if the estate qualifies
Why avoid probate?
- Faster transfer of property
- Keeps details private
- Saves on legal fees and stress
8. Probate vs. Non-Probate Assets
| Probate Assets | Non-Probate Assets |
| Real estate titled solely | Property held in a trust |
| Bank accounts without POD | Life insurance with named beneficiary |
| Personal belongings | Retirement accounts with designated heirs |
| Vehicles owned alone | Joint accounts with rights of survivorship |
9. Common Probate Mistakes and How to Avoid Them
Mistakes to avoid:
- Not finding the original will
- Forgetting to notify creditors
- Paying heirs before debts are settled
- Not hiring help when you need it
Tips:
- Stay organized
- Keep records of all expenses and communications
- Don’t rush
10. Do You Need a Probate Attorney?
Consider hiring an attorney if:
- The estate is large or complicated
- There are family disputes
- You’re unfamiliar with probate laws in your state
DIY probate might be okay when:
- The estate is small and straightforward
- All heirs agree on the process
11. Checklist: First Steps After a Loved One Dies
- ✅ Get copies of the death certificate
- ✅ Locate the will or trust documents
- ✅ Secure the deceased’s home and valuables
- ✅ Notify banks, Social Security, and insurance providers
- ✅ Start a list of all assets and debts
- ✅ Contact a probate lawyer if needed
12. Thinking of Selling a Probate Property?
Many heirs want to sell a house quickly during or after probate. That’s where Big and Small Properties can help.
Why sell to us?
- We buy homes as-is – no need for repairs or clean-out
- Fast closing – sometimes in just days
- No agent fees or commissions
How it works:
- Contact us for a free, no-pressure offer
- We assess the property
- If you accept, we will handle the rest with a real estate attorney or title company
13. FAQs About Probate
Q: What if there is no will? A: The court will appoint an administrator and follow state laws to decide who inherits.
Q: Can I contest a will? A: Yes, but it usually requires proof of fraud, coercion, or lack of mental capacity.
Q: What if the executor is doing a bad job? A: You can ask the court to remove and replace them.
Q: Can probate be done without a lawyer? A: Sometimes, but it’s safer to consult one if the estate is large or contested.
14. Helpful Resources
- Nolo’s Probate Guide
- Your county probate court website
- Local estate planning attorneys
- Big and Small Properties
15. Final Thoughts & Next Steps
Dealing with probate is never easy, especially when you’re also grieving. But with the right information and support, you can move through the process confidently.
If you’re ready to sell a property in probate, or if you just have questions, Big and Small Properties is here to help.
⭐ Contact us today for a no-obligation offer and helpful advice on your options.
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