Probate
Probate is the court process that settles a person's estate after death: it confirms the will, appoints someone to manage the estate, pays debts and taxes, and transfers what remains to the heirs.
What Does Probate Cover?
An executor named in the will, or an administrator appointed when there is no will, gathers the assets, notifies creditors, pays valid debts and final taxes, and distributes the rest under the will or the state's intestacy rules. Many states offer a simplified procedure for small estates. Property held in a living trust, jointly owned with survivorship rights, or passing by beneficiary designation usually skips probate. Disputes over a will's validity, an executor's conduct or who counts as an heir are resolved in probate court.
How Probate Works
The steps from death to distribution, such as:
Avoiding Probate
Planning ahead so heirs skip court, such as:
Spouses and Partners
What a surviving partner inherits, such as:
Elderly Relatives
Capacity, care and guardianship, such as:
Probate Lawyers in Your State
State law decides deadlines, forms and procedure, so start with the state where your matter is. Each page lists local attorneys and the cities where they work.
- Alabama47
- Alaska7
- Arizona68
- Arkansas32
- California189
- Colorado36
- Connecticut72
- Florida144
- Hawaii9
- Idaho28
- Illinois81
- Indiana38
- Iowa20
- Kansas36
- Kentucky44
- Louisiana26
- New Jersey60
- New York130
- Texas116
When Do You Need a Probate Lawyer?
A small estate with a clear will and cooperative heirs can often go through simplified probate with court forms. Hire a probate lawyer when the estate includes real estate in several states, a business, significant debt, or when an heir contests the will or the executor's decisions. Executors can be held personally responsible for mistakes, so advice early is cheaper than fixing errors later.
Probate attorneys charge hourly, a flat fee, or — in a few states such as California — a percentage set by statute. The fee is usually paid from the estate, not by the executor personally.
Common Questions
Related Practice Areas
Talk to a Probate attorney
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This guide explains general rules in the United States and is not legal advice. Laws and deadlines differ by state, and only a licensed attorney can tell you how they apply to your situation.