Many people have questions about probate, such as whether it’s required, how it works, if an attorney is necessary, and how long the process takes?
‍
The need for probate depends on how a person’s assets are structured at the time of their passing. Some assets must go through probate, while others can transfer directly to beneficiaries. During probate, the court appoints a Personal Representative, some states call this an Executor, to handle the estate. This includes gathering assets, paying creditor claims, and distributing property according to the Will.

An attorney is generally needed to assist the Personal Representative, ensuring they understand their responsibilities, meet legal requirements, and properly file documents with the court. The probate process usually takes at least six months, but can take longer depending on the estate’s complexity. For example, if a house needs to be sold, probate may be extended until the sale is finalized.

In some cases, a Small Estate Affidavit may provide a quicker and more affordable alternative to formal probate. Consulting with us can help determine if this option is appropriate.