Understanding Probate Court: What to Expect

If you’ve recently lost a loved one, you might find yourself hearing the word “probate” for the first time and wondering what it means for you and your family. Probate can sound like a complicated, intimidating process, especially when you’re grieving. But it’s simply the legal system’s way of making sure a deceased person’s estate is distributed properly.

In this beginner’s guide, we’ll walk through what probate is, when it’s required, how long it usually takes, and whether or not you need a lawyer to get through it. We’ll also share practical tips to help you stay organized and reduce stress during the process.

What Is Probate, Really?

Probate is the legal process of validating a will, paying off debts, and distributing assets after someone dies. If there is no will, the court still oversees the distribution of the person’s estate according to state intestacy laws.

Here’s what typically happens during probate:

The court confirms whether the will is valid.
A personal representative (called an executor if named in the will, or an administrator if not) is appointed to manage the estate.
Debts, taxes, and final bills are paid from the estate.
Remaining assets are distributed to heirs or beneficiaries.

Essentially, probate is how the legal system ensures everything is handled fairly and according to the law.

When Is Probate Required?

Not every estate has to go through full probate. Whether probate is necessary depends on the size and type of assets left behind and how they’re titled.

Probate is usually required when:

The deceased owned real estate in their name only.
Assets (bank accounts, vehicles, investments) were not jointly owned or had no beneficiary listed.
There is no will, or the will is contested.

Probate may be avoided or simplified if:

Assets are placed in a living trust.
There are named beneficiaries on accounts (like life insurance or retirement accounts).
The estate is small (each state sets a dollar threshold for simplified probate).

Example: In California, if the estate is worth less than $184,500 (as of 2025), you can often use a simplified process called summary probate or an affidavit.

How Long Does Probate Take?

It depends on the complexity of the estate and whether there are disputes.

Typical probate timeline:

Small/simple estates: 3–6 months
Average estate with a will: 6–12 months
Complex estates or disputes: 1–2 years (or more)

Here’s a simplified breakdown of the timeline:

File petition to open probate (1–2 weeks)
Notify heirs and creditors (1–2 months)
Inventory and appraise assets (2–4 months)
Pay debts and taxes (3–6 months)
Distribute remaining assets (after creditor deadline)
Close the estate (within 12 months, typically)

Delays often happen due to contested wills, uncooperative heirs, tax complications, or missing documents.

Do You Need a Lawyer for Probate?

Not always but in many cases, it’s extremely helpful.

When you may NOT need a lawyer:

The estate is small and qualifies for simplified probate
There are no disputes among heirs
The will is clear and straightforward
You’re comfortable managing paperwork and court procedures

When a lawyer is highly recommended:

There’s no will, or it’s being contested
There are significant debts or tax issues
You’re unfamiliar with probate laws
There’s out-of-state property involved
You suspect fraud or mishandling of assets

Many probate lawyers work on a flat fee or take a percentage of the estate (in some states like California, the fee is set by law). Others charge by the hour. Always ask about fee structure upfront.

Common Mistakes to Avoid During Probate

Here are a few missteps that can slow down the process or create legal headaches:

Not filing the will with the court (even if you don’t plan to probate)
Distributing assets too early before debts are paid
Failing to notify creditors properly
Overlooking assets (digital assets, safe deposit boxes, etc.)
Missing court deadlines or paperwork errors

Tip: Keep a detailed log of everything communications, asset lists, court filings, expenses. Probate can be a paper-heavy process, and being organized makes it easier.

Can You Do Probate Yourself?

Yes especially for small, uncontested estates. Many states have self-help probate guides, and local court clerks can provide basic instructions (though they can’t give legal advice).

However, if you’re the executor and start feeling overwhelmed, it’s okay to bring in professional help midway. You don’t have to go it alone and sometimes, hiring a lawyer can save time and reduce family tension.

Real-Life Example: Navigating Probate Without a Will

When Mark’s father passed away in Florida without a will, Mark and his two siblings found themselves in probate court. Because the estate included a home and bank accounts only in their father’s name, the court had to appoint an administrator and apply Florida’s intestate succession laws.

With no instructions left behind, the siblings had to agree on how to sell the home, pay remaining debts, and split proceeds. A probate attorney helped them avoid major missteps and while the process took 9 months, they were able to close the estate peacefully.

Key Takeaways

Probate is the court-supervised process for settling a deceased person’s estate.
It’s required when there are assets in the person’s name only and no automatic beneficiaries.
Timelines vary, but probate can take anywhere from 3 months to over a year.
Legal help is optional, but highly useful in complex or contested cases.
You can make probate easier for your family by planning ahead and keeping organized records.

If you’re looking to spare your loved ones from this often time-consuming legal process, there are powerful tools available to help you sidestep probate altogether.

Up next: How to Avoid Probate With Smart Estate Planning — Learn the best strategies to keep your assets out of court and in the hands of your heirs.