Probate FAQ

What is probate?

Probate is the formal legal process that distributes assets (such as property and money) after a person's death. Probate is not automatic upon a person's death and must be initiated by filing forms with the probate court. Most people hire a lawyer to assist.

What are the costs?

Generally, there are five expenses associated with probate:

1. Filing fees set by the court for initial filing of documents
2. Court fees with inventory fee equal to 1% of the value of the probate estate
3. Publication of Notice to Creditors
4. Attorney fees
5. Executor compensation for the person managing the estate

What is a probate estate?

A Probate Estate is a term used to describe all assets of a deceased individual that are subject to the probate process. This can include houses/real estate, personal property, cars, jewelry, and bank accounts.

What is not in a probate estate?

A Probate Estate does not include property that is owned jointly with rights of survivorship, or financial accounts and insurance policies that have a named beneficiary, or any assets that are funded into a trust.

How long does probate take?

The length of probate can vary depending on the complexity of the case. Even an uncontested estate normally takes about six months. If contested, it can take years.

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