Probate & Estate Issues

Probate is the legal process of proving a will, paying debts, and transferring what's left. It is slower, more expensive, and more public than most families expect. Most of the pain is avoidable with planning; most of the rest is survivable with patience.

What probate actually does

• Validates the will (or applies state intestacy rules if there isn't one).

• Appoints an executor (or 'personal representative').

• Inventories assets.

• Pays valid debts and taxes.

• Distributes what remains to heirs.

What does NOT go through probate

• Anything in a living trust.

• Accounts with named beneficiaries — 401(k), IRA, life insurance, payable-on-death bank accounts.

• Property held in joint tenancy with right of survivorship.

• Vehicles with transfer-on-death titles (in states that allow them).

This is the most important sentence in this guide: named beneficiaries override the will. If the will leaves everything to the children, but the IRA still names an ex-spouse, the ex-spouse gets the IRA.

The first thirty days

• Order 10–15 certified copies of the death certificate. You'll need them everywhere — banks, insurance, Social Security, the DMV.

• Find the original will (a copy is not enough in most states).

• Contact the Social Security Administration to stop benefits and ask about survivor benefits.

• Notify the three credit bureaus to prevent identity theft, which spikes after a death notice runs.

• Do not pay any debts out of your own pocket. Debts are paid from the estate, in a specific order set by state law.

How long it really takes

A simple, uncontested estate: 6–9 months. A typical one with a house to sell: 9–18 months. Contested or complex estates: years. The executor is allowed to make partial distributions before the process closes — ask the attorney about a 'preliminary distribution' if heirs need funds.

How to keep costs down

• Use one attorney for the estate, not one per heir.

• Get a flat fee in writing where possible.

• Do your own inventory — list, photograph, and value items before the attorney's clock starts.

• For estates under your state's 'small estate' threshold (often $50–$150k), ask about a simplified probate affidavit. It can replace months of court work with a single form.