If you ask how long an average probate process takes, the answer is “it all depends.” Every probate process differs state to state and by individual cases since the different provisions and procedures that might apply. Whereas there are ways to bypass probate, many states will make it a requirement it in specific situations. Keep reading to learn about the fundamental probate process and it’s timeline.
Probate Process Timeline
The probate process starts when the executor presents the will for probate in a probate court in which the deceased resided or owned property. The court will first gather all the deceased property. After that, the estate will settle any debts, claims, and taxes owed. Following the required paperwork being filed and approved, any leftover property will be allocated to the proper heirs.
Probate Costs and Fees
The probate process comprises of certain fees and costs, like attorney’s fees, the administrator or personal representative fees, and court costs. These fees usually come out of the deceased’s estate, making the heirs receiving less share of the estate. Since probate can be costly and lengthy, people are inclined to look at other options to bypass probate altogether.
Get a Case Review By a Probate Attorney
Going through the probate needs you to not only understand the legal concepts and requirements that are involved, but also know the state-specific regulations and methods. If you’re engaged in the probate process, get a case review by a knowledgeable probate attorney, that can assist you through the process and answer your questions.
- Probate Process and Timeline. (2017, August 14). Retrieved January 19, 2021, from https://estate.findlaw.com/probate/probate-process-and-timeline.html
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