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

  1. 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.

  2. 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.

  3. 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+.

  4. 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.

  5. 05

    What Avoids Probate

    Assets in a trust, jointly-held property, accounts with beneficiary designations, and payable-on-death accounts all bypass probate automatically.

  6. 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.