18405 E Petroleum Drive Ste C, Baton Rouge, Louisiana, 70809
Practice Areas : Elder Law
41601 Veterans Avenue, Hammond, Louisiana, 70403
Practice Areas : Business Law
1070-B West Causeway Approach, Mandeville, Louisiana, 70471
Practice Areas : Maritime Law
301 N Columbia Street, Covington, Louisiana, 70433-2917
Practice Areas : Estate Planning
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Probate attorneys guide the process of settling an estate after someone dies: proving the will, appointing an executor or administrator, inventorying assets, paying debts and taxes, resolving claims, and distributing what remains to the heirs. They also litigate the disputes that estates produce — will contests, allegations of undue influence, and executors accused of mismanaging assets.
How long it takes depends on the state and the estate. Small estates often qualify for a simplified procedure that takes weeks. A contested estate with property in several states can take years.
Before you hire
- Ask how the fee is set. Some states allow fees based on a percentage of the estate; elsewhere probate work is hourly or flat-fee. The difference on a mid-sized estate is substantial.
- Not everything goes through probate. Jointly held property, life insurance, retirement accounts with named beneficiaries and trust assets usually pass outside it.
- If you are the executor, you have personal duties and personal exposure. Get advice before distributing anything.
See estate planning to avoid probate in the first place, and elder law for guardianship and incapacity matters.
Probate: frequently asked questions
Can you contest a will?
Yes, but only on specific legal grounds and only if you have standing — usually as an heir or a beneficiary who would receive more if the will were invalid. The main grounds are lack of mental capacity, undue influence, fraud, improper signing, or a later will. Deadlines are short, often a few months after probate begins.
How long does probate take?
A simple probate case in the United States usually takes six months to a year. Complex or contested estates can take two years or more. The main factors are the creditor claim period set by state law, the court's workload, the kind of assets involved, taxes, and whether anyone challenges the will or the executor.
What are letters testamentary?
Letters testamentary are a court document that officially appoints the executor named in a will and gives them legal authority to act for the estate — to access accounts, sell property, pay debts and distribute assets. When there is no will, the court issues similar letters of administration to an administrator.
What assets avoid probate?
Assets that pass automatically to a named person skip probate: property in a living trust, accounts and policies with a named beneficiary, jointly owned property with right of survivorship, payable-on-death and transfer-on-death accounts, and real estate with a transfer-on-death deed where the state allows it. A will does not control these assets.
What does an executor of a will do?
An executor is the person named in a will to settle the deceased person's estate. They ask the court for appointment, find and protect the assets, notify creditors and pay valid debts and taxes, keep records, and distribute what remains to the beneficiaries as the will directs. They owe a fiduciary duty to act in the estate's interest.
What is a small estate affidavit?
A small estate affidavit is a sworn statement that lets heirs collect a deceased person's property without formal probate when the estate is below a dollar limit set by state law. The heir signs it after a waiting period and presents it, with a death certificate, to banks and others holding the assets.
What is an heir at law?
An heir at law is a person who would inherit from someone who dies without a valid will, under the state's intestate succession rules. Usually that means the surviving spouse and children first, then parents, siblings and more distant relatives. Being an heir at law is different from being a beneficiary named in a will.
What is probate law?
Probate is the court process that settles a person's affairs after death: proving the will, appointing an executor or administrator, identifying and valuing assets, paying debts and taxes, and distributing what is left. Probate law is the set of state rules that govern how that is done.