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What is Probate?

Probate is the legal process of settling a person’s estate after they pass away. It involves proving that a will is valid (if one exists), paying debts and taxes, and distributing the remaining assets to heirs or beneficiaries — all under court supervision.

What Happens During Probate

File the Will (if any) – The executor (named in the will) files it with the court.
Court Appoints Executor or Administrator – If there’s no will, the court appoints someone to handle the estate.
Inventory of Assets – All property, bank accounts, investments, and personal items are identified and valued.
Pay Debts & Taxes – Any creditors are notified and must be paid before heirs receive anything.
Distribute Remaining Assets – Whatever is left goes to beneficiaries as directed by the will or state law (if there’s no will).

Typical Costs

Probate expenses vary by state, complexity, and whether it’s contested, but here’s an overview:

Expense TypeTypical Range

Court filing fees$200 – $500

Attorney fees2%–7% of the total estate value (often hourly or percentage-based)

Executor/Administrator fees2%–4% of the estate (some waive if family)

Appraisal & accounting fees$500 – $2,000+

Miscellaneous costs(publications, postage, copies, etc.) $200 – $500

💡 Example:
If an estate is worth $300,000, total probate costs could range between $6,000 and $21,000, depending on attorney and court fees.

How Long It Takes

Simple estates: 6–9 months
Complex or contested estates: 1–2 years (sometimes longer)

Why Many People Avoid Probate

It’s time-consuming
It’s expensive
It’s public record (anyone can see what’s in the estate)
It can delay beneficiaries from receiving assets

That’s why many people choose a Revocable Living Trust — it allows their heirs to bypass probate entirely, saving time and money while keeping everything private.

Would you like me to create a side-by-side infographic comparing Probate vs. Living Trust (cost, privacy, control, and time)? It would match your Desert Valley Notary branding.