Probate is a legal process where a deceased person’s estate is managed, their bills and taxes are paid, and any remaining assets are distributed to the right people. Each state has its own probate rules, but they all share the same basic goal: to ensure a fair transfer of property and settle outstanding debts before closing the estate. If you’re an heir waiting for your inheritance, here’s a clear overview of what to expect.
Understanding Probate
When someone dies, their “estate” includes things like bank accounts, real estate, investments, and personal belongings. If the estate must go through probate, the court will review any will that exists—or if there’s no will, the court follows intestate succession laws. This allows creditors to make valid claims against the estate, ensures the will (if one exists) is valid, and confirms the beneficiaries who are entitled to receive the assets.
How Long It Typically Takes
In general, probate can range from a few months to over a year. Several factors can stretch out the process:
- Complex Estates: Large or multi-state properties require extra work, like getting appraisals.
- Disputes: Will contests or disagreements among heirs can lead to court hearings.
- Multiple Creditors: Notifying and settling with various creditors can add time.
A skilled executor (the person in charge) may help avoid delays, but unexpected complications sometimes arise despite careful planning.
Probate With or Without a Will
With a Will
Having a valid will usually speeds up probate because the court relies on the will’s instructions. The named executor still must file the will with the court, pay debts, and distribute what remains.
Without a Will
If no will exists, state intestate laws determine who inherits—often a spouse and/or children first, then other relatives if those closest don’t survive. The court appoints an administrator to handle the same tasks as an executor would.
Filing for Probate
A family member or appointed executor (or administrator) files a petition in the county where the deceased lived or held most of their property. After confirming the will (if any) is authentic, the court grants letters of administration (or letters testamentary) that let the executor handle assets, pay debts, and handle taxes and bills during probate.
Simplifying or Avoiding Probate
Some states allow a streamlined or informal probate if the estate’s value falls below a certain threshold and holds few debts. Families may use a small estate affidavit or similar procedure, requiring minimal court involvement. Also, certain assets skip probate by design—like those in a living trust or accounts naming a direct beneficiary (life insurance proceeds, payable-on-death bank accounts, and so on).
Which Assets Avoid Probate?
- Jointly Owned Property
If a home or bank account is shared with rights of survivorship, it automatically passes to the co-owner. - Living Trust Assets
Anything placed in a revocable living trust while a person is alive typically avoids probate. - Payable-on-Death Designations
Accounts or deeds that list a beneficiary often transfer ownership without court steps. - Retirement and Insurance with Named Beneficiaries
Funds usually go straight to the listed recipients.
Executor Duties
An executor or personal representative must:
- Inventory and Secure Assets: Bank accounts, real estate, personal property—then report this list to the court if required.
- Notify Beneficiaries and Creditors: Some states require a published notice, plus direct notices to known creditors.
- Manage the Estate: Pay routine bills, maintain or insure property, and handle taxes.
- Pay Debts: Valid claims and funeral or estate expenses come first from estate money.
- Distribute Remaining Property: What’s left goes to heirs named in the will or, without a will, as per state law.
- Close the Estate: The court confirms all tasks are complete, and probate ends.
Executors typically receive a fee or compensation, based on either a state formula or the time and effort required.
Need Funds Before Probate Ends?
Since probate can drag on, some heirs face urgent costs (like funeral bills or mortgage payments). Rockpoint Probate Funding offers inheritance advances in many locations. With these, you receive part of your share sooner rather than waiting for the estate to settle. The advance is then repaid directly from your inheritance, so you’re not stuck with monthly loan bills.
For more details, call (323) 484-1063 or contact Rockpoint Probate Funding online. You could get money in as little as a day, freeing you from the typical wait while the court handles probate.
