Learn · Estate Planning
Probate: What It Is, How It Works, How to Avoid It
Probate is the court process that controls what happens to your assets after death. It's slow, expensive, and public. Here's how it works — and how to avoid it.
Key Points
Probate at a Glance
- 01
What Is Probate?
Probate is the legal process where a court validates your will, appoints an executor, and oversees the distribution of your assets. It's required when assets are titled in your name alone.
- 02
How Long It Takes
Probate typically takes 6–18 months, but contested estates or complex situations can drag on for years. Your family can't access assets until the process is complete.
- 03
How Much It Costs
Between attorney fees, court costs, executor fees, and appraisals, probate commonly costs 3–7% of the estate value — often $10,000–$50,000+.
- 04
It's Public Record
Everything filed in probate becomes public. Anyone can look up what you owned, who you owed, and who inherited your assets.
- 05
What Avoids Probate
Assets in a trust, jointly-held property, accounts with beneficiary designations, and payable-on-death accounts all bypass probate automatically.
- 06
A Will Doesn't Help
A will doesn't avoid probate — it's the document the court uses during probate. Only a trust-based plan eliminates the process.
FAQ
Common questions
Next Steps
Skip the Courtroom
Find out which plan helps your family avoid probate entirely.