Probate is generally the process for passing assets to heirs once a family member has passed away. It involves validating the Will if there is one, paying any debts that must be paid, and distributing the assets to the heirs or beneficiaries.

The duration varies by state and the complexity of the estate. Some smaller estates can wrap up within a few months, while larger or disputed estates can take over a year. Promptly following legal guidelines and having proper documentation can help speed up the process.

Not necessarily. Assets with designated beneficiaries—like life insurance policies or retirement accounts—usually bypass probate. Additionally, assets owned in joint tenancy often transfer directly to the surviving owner.

When someone passes away without a valid will (known as dying “intestate”), state law determines who inherits and in what proportions. Probate will still likely be necessary, but the process follows statutory guidelines rather than a personal directive.

Yes, disputes can lead to legal challenges or delays. However, an attorney can mediate conversations between family members, helping to clarify legal obligations and find amicable resolutions.

Even small estates can benefit from legal insight, especially if there are unique assets or debts involved. An experienced lawyer can ensure nothing slips through the cracks and that you’re following the proper filing procedures.