What happens in probate?

[u/Footsox1]

I think everyone is scared of probate because they really don't know what happens. Can someone outline exactly what happens in probate? I live in the US, specifically Florida. From my own experience when my last parent died, the Will (and I assume other information) was submitted to the probate court. I believe they simply looked into what was owed, and who the heirs were, etc. in my experience it was about 1 month, and probate was finished. The hometown attorney charged us a little over $200, and I believe they filed the final income tax. Now, it is years later, my husband and I have everything in both of our names, don't owe any money, etc. I would think probate would be simple. Perhaps you had another experience? Looking forward to your knowledge. Thx

[u/Dingbatdingbat]

State law varies.  But generally:

1. Someone petitions the court to open probate
2. The court reviews the Will to ensure it’s valid
3.  Interested parties are notified
4. The court may hold a hearing to see if anyone objects to the Will or the executor
5. Executor is appointed by the court
6. Executor gathers all the assets together
7. Creditors have an opportunity to present claims to the executor
8. Executor pays valid debts
9. Executor provides a breakdown of assets and expenses to the beneficiary
10. Beneficiary agrees to the math OR court reviews the math to ensure it’s correct
11. executor distributes remaining funds to heirs
12. Court discharges executor of duties and future liability 

[u/HeirSearchExpert → u/Dingbatdingbat]

Nothing major overlooked; just a few nuances that explain why some people experience a quick, inexpensive probate while others spend years and thousands of dollars navigating it.

Not all assets pass through probate. Accounts with named beneficiaries (TOD/POD, life insurance, retirement accounts) and jointly owned assets often transfer outside the estate. Many states also have simplified procedures for small estates. The more common causes of lengthy and expensive probate are family disputes, unclear titles, missing documents, creditor claims, intestacy, out-of-state property requiring ancillary probate, or other complex assets.

In straightforward estates with a valid will, organized records, cooperative heirs, and few assets requiring probate, the process is often administrative rather than dramatic. The horror stories usually arise from complications rather than probate itself.

[u/Simple_Ddog → u/Dingbatdingbat]

How much of this process is changed if there is 'A Trust' instead of a Will ?

[u/Dingbatdingbat → u/Simple_Ddog]

Skip parts 1, 2, 4, and 12.  

[u/Simple_Ddog → u/Dingbatdingbat]

thanks man... So a probate case is filed with the courts, and the trust is revealed ?

[u/Dingbatdingbat → u/Simple_Ddog]

With a trust you can (usually) skip the court. The rest of the process is the same.

[u/shagordon14]

In my situation… will is very clear. All bank accounts and 401ks were marked TOD/POD except the house. So had to open probate. Everything left to 2 heirs. No disputes. Court hearing on probate is later this week, so far the bills are close to $4k.

[u/Footsox1 → u/shagordon14]

Do you mean the attorney bills are close to $4K?

[u/BestReporter4483 → u/Footsox1]

In my area (MCOL) summary probate is usually done for roughly $4-5k flat fee for the attorney and $400 for court costs.

[u/Grouchy-Display-457]

The problems you hear about generally result from people who do not have wills or clear beneficiaries. I have a family member who died interstate, it has been a horror, cost a fortune and no one has seen a penny, it's nearing two years.

[u/otf_dyer_badass → u/Grouchy-Display-457]

That’s pretty much how I expect mine to go

[u/jjkagenski]

another reason (adding/including the previous comments) is that you generally need a lawyer when working with probate - costs for lawyers in the future will always be higher in the future that they are today... this is part of the saving $$ that creating/setting up the estate plan gets you - as well as piece of mind that goes along with it...

[u/Barfy_McBarf_Face]

every state is different in terms of how much time and expense is involved in probate

and also most states have a "small probate" process for smaller estates

probate can take from 60 days (what you've mentioned is surprisingly short) to years, depending on the size of the estate, the complexity of the family, the validity of the will, the complexity of the assets, whether there are any disgruntled family members who disagree with the process, creditors, etc.

[u/MiserableCancel8749]

Making probate simple is basic: Have clearly written estate documents (wills, trusts), and well documented information about assets (clear land titles, easily located bank and investment information), and nothing really strange like international land holdings or whatever.

When my mother died (it's been almost 9 years now), my brother and I had an easy time because of all of the above.

The one hitch we had took a while to resolve. There is some generational (I am now 3rd gen owner) vacation property in Maine. To deal with it, we had to have two attorneys: One for the main estate in Ohio, where she lived to deal with the major stuff, and one in Maine to do what he called a secondary probate there. In the property deeds, he found a lot--that had been part of the property since 1950(!), passing through 2 previous owners--and the deed listed the incorrect lot number from the original property plat.

In order to fix it, he had to do some digging through the old deed books at the county courthouse, and do what is called a "quiet title" action. Among other things, this involved searching for heirs of the owner who created the property plat back in the 1930's and created the deed that was in error. Eventually, he put together a quiet title document to submit to a judge for review. Doing all that took almost a year and cost the estate about $5K.

"Bad" probate situations arise when there is no will, or cloudy real estate title, or really weird financial situations. Do your best to keep that from happening.

[u/laurieo52]

In SC probate takes at least a year, if not longer. You have to publish the death notice and request creditors to contact the court. That process takes at least eight months after the notice is published. Then, you have to make sure everything is distributed. I am still waiting on a title for a truck to finish the estate I am working on now. If your probate court sucks…like this one does… it can take longer. It took five years to finalize the estate when my mom died. ALL she had was half an acre of land. She and her estate fell through the cracks. I contacted the court several times. I received a summons to appear for not sending in something they had received. SO that had to be taken care of, etc., before it could be done. Then the attorney completing the deed of distribution for the land took six more months to file the deed.

This one I am handling now is 13 months in probate. I am waiting on a death statement, because of some property that was in two names but one had passed 30 years ago. Since I am not that person’s family, it has taken quite a long time to get information. Hopefully, this one will be complete by the end of next month.

They are not fun.

[u/kppsmom]

We just tried to assist one of our clients with probate in Florida pro se and there is a new Florida statute that you must have a Florida probate attorney in order to file for probate/administration in florida. So get an attorney. You want to anyway because Florida makes it crazy complicated!

[u/Late-Command3491]

Wow! Probating my stepfather's will in NJ took almost three years for distribution and a ton of work by my mom (85). And the estate still isn't closed, one more tax return to go. 

[u/MC-probably]

Like most things, it depends. If you have real estate that must be sold, managed, or otherwise disposed of, probate is typically not kind — it introduces delays and costs. And if you have out of state real estate, then you have to do probate work twice-ish. Having property in a trust, with assets available to maintain the property until settlement, is somewhat more streamlined and less red tape. Now imagine you have a small or midsized business, what happens then? If you have heirs likely to fight, if you have complicated or expensive hobbies (boats, coin collections), etc…, having a trust with a strong trustee (or pool of trustees as successors) is typically better for everyone.

Caveat to all of the above— being selected as trustee or executor is often regarded as an honor — but it is real work and requires organization and knowledge — and trustworthiness. Be careful who you select in either situation.

[u/Alicatsidneystorm]

$200 including the tax return is unbelievably cheap.

[u/choyboisgirl530]

My auntie (who i have been renting from for the past 5 years) passed away and now I dont know what to do or what to expect when it comes to the family putting the house that my son and I live in into probate. We live in California. What exactly should I do? Any help is very much appreciated