What is probate law?

The sequence

1. The will is filed and an executor is appointed — or, without a will, an administrator is appointed and state intestacy rules decide who inherits.
2. Notice goes to heirs, beneficiaries and creditors, who have a set window to make claims, commonly three to six months.
3. Assets are inventoried and valued as at the date of death.
4. Debts, taxes and expenses of administration are paid.
5. The balance is distributed and the estate is closed with an accounting.

What skips probate entirely

More than people expect: property in a living trust; accounts with a named beneficiary such as life insurance, retirement accounts and payable-on-death bank accounts; assets held in joint tenancy with right of survivorship; and, in some states, transfer-on-death deeds for real estate. A will controls only what is left over.

How long and how much

A simple estate commonly takes six to twelve months, driven by the creditor claim period. Contested estates or those with businesses, property in several states or unclear heirs run for years. Costs run from a few per cent of the estate upward; some states set statutory fee schedules, others use reasonable-fee standards. Most states also offer a small-estate affidavit or summary procedure below a dollar threshold, which avoids formal probate altogether.

Where disputes come from

Will contests on grounds of capacity, undue influence, fraud or improper execution; disputes over an executor's conduct; and claims by omitted spouses or children. Deadlines for contesting are short — often measured in weeks from the notice.