Probate Lawyers

Probate Lawyers in the United States

When someone dies, their assets don't automatically transfer to heirs. A court-supervised process called probate determines how property and debts are handled. Probate lawyers guide families through this process, whether a valid will exists or not.

What Probate Law Covers

Probate law governs the administration of a deceased person's estate. This includes validating a will, identifying and appraising assets, paying outstanding debts and taxes, and distributing remaining property to beneficiaries. If someone dies without a will — known as dying intestate — state laws dictate who inherits and in what order.

Probate attorneys also handle will contests, disputes between beneficiaries, and claims from creditors. They may assist with establishing or defending the authority of an executor or personal representative appointed to manage the estate.

When to Hire a Probate Lawyer

• A loved one has passed away and left behind real estate, bank accounts, or investment holdings that require court transfer
• Someone is contesting the validity of a will based on claims of undue influence, fraud, or lack of capacity
• You've been named executor and need help fulfilling your legal obligations to creditors and beneficiaries
• The deceased had debts that may exceed the value of the estate
• Family members disagree about asset distribution or the interpretation of will provisions

How the Probate Process Works

Probate begins when someone files the will and a petition with the local probate court. The court appoints an executor or administrator, who then inventories the deceased's assets. Creditors are notified and given a window — typically three to six months — to file claims against the estate.

After debts and taxes are settled, remaining assets go to the beneficiaries. The entire process takes an average of 6 to 18 months, though contested estates can stretch on for years. According to the American Bar Association, roughly 60% of Americans die without a will, which often complicates and lengthens proceedings.

How Estate Distributions Are Determined

• Testate estates follow the instructions laid out in the will, distributing specific assets or percentages to named beneficiaries
• Intestate estates follow state succession laws, which typically prioritize spouses, children, then extended family members
• Community property states and common law states use different rules for determining a surviving spouse's share
• Outstanding debts, funeral costs, and estate taxes are paid before any beneficiary receives distributions
• Contested claims or ambiguous will language may require a judge to decide how assets are allocated

Frequently Asked Questions

Can probate be avoided entirely?

Yes, in many cases. Assets held in a living trust, joint tenancy accounts, and accounts with designated beneficiaries pass outside of probate. Many families use these tools to save time and reduce court costs. Small estates may also qualify for simplified procedures depending on state thresholds.

How much does probate cost the estate?

Court filing fees, appraisal costs, and attorney fees typically consume 3% to 7% of the estate's total value. Larger or more complex estates generally fall on the lower end of that percentage. Contested proceedings drive costs significantly higher due to extended litigation.