Losing someone you love is hard enough. If you’re asking yourself “What is probate?” and you’re tired of googling, you’re in the right place. With this guide, you’ll understand how the probate process works, how long it typically takes, what it costs, and the steps that executors follow. You’ll also find specific state questions, cases, and answers to the questions families ask most.
- What is probate?
- How to avoid probate.
- Probate process: What executors must do.
- How long does Probate take on average?
- How much does Probate cost? And who pays?
- How to manage Probate efficiently and stay compliant.
- Probate rules and timelines by state.
- Probate FAQs: Answers to the most common Executor questions.
What is Probate?
Probate is the court-supervised legal process that oversees the management and transfer of a deceased person’s estate.
Its main goal is to make sure that everything the person owned is properly collected, valued, and distributed according to the law.
According to the IRS, when a person dies, the court may open a probate proceeding. Every state has its unique laws, and probate will in most cases open after 30 to 90 days.
How to avoid probate
Probate is usually required when the person who passed owned assets solely in their name and no beneficiary is listed.
You can often avoid probate when assets are set up to transfer automatically at death. Common ways include:
- Living trust (revocable trust)
- Beneficiary designations on accounts (POD/TOD)
- Joint ownership with rights of survivorship
- Transfer on death (TOD) deeds for real estate (in some states)
- TOD titles for vehicles (state-specific)
The New York court system explains that if someone owned real property in their name alone, the estate is not a “small estate” and you must file a probate case (if there’s a will) or an administration case (no will). New York Courts: Small Estate / Voluntary
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Probate process: What executors must do
At a high level, the probate process follows these steps; forms and timing vary by state.
- File will and death certificate.
- Petition court to open probate.
- Court issues Letters Testamentary/Administration.
- Notify beneficiaries and creditors.
- Collect, safeguard, and appraise assets.
- Pay valid debts, taxes, and fees.
- Distribute remaining assets per law/will.
- Submit final accounting; close estate.
1) File the will and death certificate
Submit the original will (if any) and certified death certificates to the probate court in the county where the decedent lived. The court opens a file and assigns a case number. Keep extra certified copies: banks and insurers will ask for them.
2) Petition to open probate
The executor named in the will (or an interested heir if no will) files a petition asking the court to start the case. If there’s no will, this is an administration case and the court appoints an administrator.
3) Court issues “Letters” (your legal authority)
After appointment, the court issues Letters Testamentary (will) or Letters of Administration (no will). These documents give you legal power to act for the estate: open accounts, access records, sell assets with court approval if required.
4) Notify beneficiaries and creditors
Send required notices to heirs/beneficiaries and publish creditor notice if your state requires it. Track claim deadlines; late or missed notices can trigger disputes and penalties.
5) Collect, safeguard, and appraise assets
Locate accounts and property, secure the home, forward mail, and order appraisals where needed. Create the inventory the court requires: cash, real estate, vehicles, personal property, securities, insurance, retirement accounts, and debts owed to the estate.
6) Pay valid debts, taxes, and fees
Review and pay timely creditor claims, expenses, and taxes. File the decedent’s final Form 1040 and, if the estate has income, Form 1041 (fiduciary return). Keep receipts, your final accounting must document every dollar.
7) Distribute remaining assets
After debts and taxes are cleared (and any required court approvals obtained), transfer property to the heirs per the will or state intestacy laws. Get receipts/releases from beneficiaries.
8) Final accounting and close the estate
Prepare a complete accounting of money in/out, provide it to beneficiaries (and the court if required), resolve objections, and request an order to close the estate. Keep records after closing in case of later questions.
As executor, you take on specific tax duties for the estate. See the IRS guidance for survivors, executors, and administrators for the full list and forms.
How long does Probate take on average?
Most probate cases take 9-12 months, but timelines vary with estate complexity, disputes, real-estate sales, tax filings, and local court backlogs.
The timeline depends on:
- The size and complexity of the estate
- Whether there is a valid will
- The number of heirs and creditors
- Court schedules varying on each state
Note: Simple estates with no disputes can finish in 6-9 months. Complex estates with property sales, debt, or tax filings can exceed 18 months. Missing documents are the #1 cause of delays.
Executors can check timeline averages on each state through the National Center for State Courts.
How much does Probate cost? And who pays?
Probate costs typically range from 3% to 7% of the estate’s total value, depending on attorney fees, court filings, and appraisal requirements.
Common probate costs include:
- Court filing and appraisal fees
- Executor or representative fees
- Attorney and accountant fees
- Bond or publication costs
Who pays probate costs?
All probate expenses are paid from the estate before any assets are distributed to heirs.
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Traditional Law Firm
Alix
Category
Billing structure
Hourly rates or percentage of the estate
Transparent flat fee agreed upfront
Scope of service
Legal representation only
Full-service support including filings, coordination, and communication
Typical challenges
Fees can increase with delays or disputes
Predictable pricing regardless of case duration
Communication
Varies by firm; may bill for updates
Dedicated Care Team with ongoing communication
Process management
Handled separately by lawyers and executors
Centralized system that keeps everything on track
Client experience
Complex and time consuming
Simplified, guided, and efficient
How to manage Probate efficiently and stay compliant
Probate runs smoothly when executors stay organized, timely, and transparent with beneficiaries. While every estate follows the same general structure, executors often struggle with coordination and accuracy.
This section outlines how an organized approach keeps the process on track and reduces delays.
Why It Matters
Best Practice for Executors
Aspect
Documentation
Missing or incomplete forms are the most common reason for probate delays.
Create a checklist of required filings before the first court deadline.
Creditor Management
Late or missed notices can lead to penalties or disputes.
Keep a log of creditor communications and maintain proof of notice publication.
Asset Inventory
Courts require a verified inventory before distributions.
Gather account statements, property appraisals, and titles early in the process.
Tax Filings
Estates may owe final income and fiduciary taxes.
Coordinate timelines for IRS Form 1041 and any state filings.
Communication
Beneficiary disputes usually arise
from lack of information.
Provide periodic updates and keep written summaries of all key decisions.
Executors can reference official guidance from the U.S. Government: After Death Resources..
Probate rules and timelines by state
Probate rules and filing fees vary across the U.S. While the core process is similar everywhere, timelines, forms, and court costs differ.
Average Duration
Court Fee Range
State
California
9–18 months
$400–$1000
Yes, “Summary Probate” for estates under $184 500
Executors must publish creditor notice and file an Inventory & Appraisal (Form DE-160).
Florida
6–12 months
$300–$800
Yes, “Summary Administration” for estates under $75 000
Must file Petition for Administration within 10 days of appointment. Creditors get 3 months to file claims.
Texas
8–16 months
$300–$700
Yes, “Independent Administration” (less court oversight)Tax Filings
Executor posts bond unless waived by will. Accounting required after 15 months.
New York
9–15 months
$500–$900
Simplified Procedure
Executor Requirements
No
Letters Testamentary required before asset transfers. Must publish notice to creditors within 3 months.
Illinois
10–15 months
$300–$850
Yes, Small Estate Affidavit (< $100 000)
Executor files inventory within 60 days; must provide notice to heirs within 14 days.
Pennsylvania
9–14 months
$300–$800
Limited
“Short Certificate” required to access assets. Inheritance tax due within 9 months.
Arizona
6–10 months
$250–$600
Yes, “Informal Probate” (unsupervised)
Personal Representative must notify creditors within 4 months.
Ohio
9–13 months
$250–$750
Yes, “Relief from Administration” for estates
< $35 000$250–$750
Inventory filed within 3 months; hearing within 4 months.$250–$750
Sources:
Probate timelines vary widely depending on state laws, estate size, and the court’s workload. Always verify your local requirements through your state judiciary website before filing.
Executors can reference the National Center for State Courts Probate Data for nationwide statistics and trends.
Probate FAQs: Answers to the most common Executor questions
Executors and families often share the same questions about probate timing, costs, and responsibilities. Below are concise answers drawn from official state and federal sources.
Do I need a lawyer for probate?
Not always. Most states allow you to handle probate without hiring an attorney if the estate is straightforward, uncontested, and all heirs agree.
However, legal help can be useful when:
- The will is contested or unclear.
- Real estate spans multiple states.
- There are large debts or unpaid taxes.
- Beneficiaries cannot be located.
Some states (like
Florida) require lawyer involvement for formal probate, while others (like
Texas) permit independent administration with minimal court oversight.
You can confirm your state’s rule on its judicial website or review the
American Bar Association’s probate overview.How long after death do you have to file probate?
When someone dies without a valid will, the estate goes through intestate probate. If someone dies without a valid will, the court applies intestate succession laws, a legal formula that decides who inherits.
Usually:
- Spouses and children inherit first.
- If none, parents or siblings inherit.
- More distant relatives only if no immediate family exists.
The court appoints an administrator (often a family member) to handle everything a normal executor would-filings, debt payments, and distributions.
Who pays probate fees and taxes?
All probate expenses, including court costs, filing fees, and professional services, are paid from the estate’s funds, not by the executor personally. Executors must keep accurate records of these transactions for the final accounting submitted to the court.
Can probate be avoided altogether?
In some cases, yes. Assets held in joint ownership, trusts, or with named beneficiaries (like life insurance or retirement accounts) can bypass probate entirely. However, most estates still include at least a few assets that require court supervision to transfer legally.
What are the main documents required to start probate?
Executors typically need:
- The original signed will.
- Certified death certificates (2–5 copies).
- A petition to open probate.
- A full asset inventory with approximate values.
- Contact list of heirs and creditors.
What can delay or complicate probate?
Delays usually come from:
- Missing or incorrect forms.
- Disputes between heirs.
- Hard-to-value assets (like property or business shares).
- Waiting on tax clearance or creditor deadlines.
Is probate the same in every state?
No. Probate procedures depend heavily on state law.
- California: long formal hearings and multiple filings.
- Florida: simplified “summary administration” for small estates.
- Texas: independent executors act with limited court oversight.
- New York: detailed court supervision and higher filing fees.
Most states require similar core steps: file will, notify creditors, pay debts, distribute assets, etc. Forms, deadlines, and costs differ.
What taxes must be filed during probate?
Two main filings are required:
- Final personal income tax return (Form 1040) for the decedent, covering the year of death.
- Estate income tax return (Form 1041) if the estate earns income before distribution.
Some states also levy
inheritance or estate taxes on assets passed to heirs.
Executors should check with a CPA or their state revenue department for local requirements.
Learn more at
IRS: Estate and Fiduciary Tax Forms.You don’t have to do Probate alone
Probate is never simple, but it doesn’t have to be overwhelming.
Once you understand what’s required, who’s responsible, and how each step fits together, the process becomes much easier to manage.
Alix was designed to help executors stay organized, accurate, and compliant every step of the way.
Whether you’re just beginning or already partway through the process, we can guide you through forms, deadlines, and legal filings so nothing gets missed.
If you’re ready for expert guidance through every step, start here: book a free 15-minute consultation.
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