Probate FAQs

Probate is the legal process of administering a deceased person’s estate. It involves identifying and gathering the estate’s assets, paying off debts and taxes, and distributing the remaining assets to the heirs, according to the decedent’s will (if one exists) or state laws.

A Certified Probate Expert is a specialist trained in the probate process who is committed to a code of ethics and has extensive knowledge of the system. They help families navigate the complexities of probate and provide advice on how to avoid probate in the future, ensuring your estate plan is as smooth as possible.

Probate typically occurs in the county where the decedent last resided. If the decedent had assets in multiple states, it might be necessary to open probate proceedings in each of those states.

Yes, even if there is a will, probate is usually necessary to validate it. The will is only the first step. The estate will be administered according to the will’s instructions, unless exceptions apply, such as a living trust or a small estate below your state’s probate exemption threshold.

Probate may not be required if the decedent’s assets were held in joint ownership, transferred through a living trust, or set up as Transfer-on-Death (TOD) or Payable-on-Death (POD) accounts. Additionally, if the estate is below a certain value, it might not need to go through probate.

The personal representative (also known as an executor or administrator) is responsible for managing the estate. They must act in the best interests of the estate and follow the instructions of the will (or state laws if there’s no will) while administering the estate.

Yes, taxes may need to be paid before assets can be distributed to heirs. The executor is responsible for ensuring any taxes, including estate and income taxes, are paid. It’s important to consult a tax advisor or probate attorney to ensure everything is handled properly.

You can contact the probate court in the county where the decedent lived or speak with the executor to find out if you’re named in the will. If needed, an attorney can help you confirm your standing.

When there is no will or trust, state law determines who the heirs are. Generally, the surviving spouse, children, and sometimes other relatives, are considered heirs. However, these laws vary by state, so it’s best to consult with an attorney.

Yes, a will can be contested if there are valid reasons, such as evidence of fraud, undue influence, or lack of mental capacity. If you’re considering contesting a will, it’s important to seek guidance from an experienced probate attorney.

To start probate, you need a certified copy of the death certificate and a copy of the will (if available). The executor or personal representative will file a petition with the probate court to begin the process. If you're not local, a Certified Probate Expert can guide you through this.

You'll typically need the death certificate, the will, any trusts, and documents related to assets such as real estate, bank accounts, and investments. You’ll also need information about any debts, creditors, and potential heirs.

The length of probate can vary greatly, depending on the estate’s complexity. A straightforward probate may take 3-6 months, while a more complex estate can take a year or longer. A Certified Probate Expert can help streamline the process and keep it moving efficiently.

The cost of probate typically ranges from 3-5% of the estate’s value, depending on complexity. Costs include court fees, attorney fees, executor fees, and other administrative expenses. We can help you track these costs and explore ways to keep them manageable.

Inheritances are distributed after the probate process is complete. This can take several months to years, depending on the estate’s complexity. In some cases, you may be eligible for an inheritance advance. Contact us for more information.

The executor is responsible for managing all aspects of the estate, including gathering assets, paying debts, filing taxes, and distributing the remaining assets to heirs. This person must follow the instructions in the will and fulfill their fiduciary responsibilities.

If there is no will, the house will go through probate, and state laws will determine how it is distributed. It may be sold, or it could be transferred to an heir. If you have inherited property, a Certified Probate Expert can guide you through the process.

In some cases, it's possible to sell an inherited house before probate is completed. However, this depends on state laws and other factors. It’s important to consult with an expert to ensure you follow the proper steps.

No, the executor does not need to be physically present in the probate court. Our team can assist in managing many of the in-person tasks, ensuring everything moves forward smoothly.

Before meeting with a probate attorney, gather key documents like the will, trusts, and any asset-related paperwork. Having a list of questions ready will also help make the most of your consultation.

Assets are typically collected, inventoried, and either sold or transferred to the designated heirs. The specific process depends on your state’s laws and the terms of the will or trust.

Probate litigation involves legal disputes over issues like will validity or executor actions. It can be costly and time-consuming, so it’s best to address potential issues early with the help of an experienced probate attorney.

If your family member received Medicaid, the estate may need to pay back Medicaid for any benefits received. This is called Medicaid estate recovery. A probate attorney can help navigate this process.

The best way to avoid probate is by planning ahead. Options like creating a will, setting up a living trust, or transferring assets into joint ownership can help ensure your estate passes smoothly to your heirs without the need for probate.

Gallery Collective can provide expert guidance throughout the probate process, even after it closes. Our Certified Probate Experts know the ins and outs of the process and can connect you with trusted professionals to ensure everything is handled efficiently.