5 Probate FAQs

The process of probate can be complicated and expensive. When you are already mourning the loss of a loved one, court proceedings regarding the deceased’s assets are the last thing you want to experience. Find out about probate and what you can do to prepare your assets in the case of an unexpected death.

5 Frequently Asked Questions Regarding Probate


You can avoid a lengthy probate process. Take a look at these common questions and answers regarding probate after the death of a loved one:


  1. What Is Probate? Probate is the process of dividing assets according to the wishes stated in a will. If there is no will present, the court will appoint an Administrator of the Estate to distribute the decedents personal property and assets.

  2. What Does Probate Look Like With a Will? If there is a will, the executor will divide the assets according to the will's instructions. They will follow the state laws regarding probate.

  3. What Is the Probate Process Without a Will? The court will appoint someone to distribute the assets. In this case, the probate process can be drawn out and, for large estates, can last longer than 12 months.

  4. Can Probate Be Handled Without a Lawyer? Probate can be handled without a lawyer, however the person appointed to Administer the Estate must follow the specific Probate rules. The assistance of a lawyer can help to navigate the probate process and also bring about a faster resolution of the probate process.

  5. Why Is Probate Required? Probate is a legal process by which the personal representative divides the assets of the deceased. In order transfer real property, an Administrator has to be appointed to be authorized by the Court to change title to the property. Also, some personal property such as vehicles may also need an Administrator appointed by the Court to distribute the assets to the heirs.


The truth is that probate doesn’t seem like a necessary procedure until it is needed. If you have a will that’s contested or no will at all, you will get to know the probate process very well. Please contact a lawyer to prepare your will or Trust with great detail and save your family time and money during the probate court process.


Our team at Miles & Hatcher, LLP, is ready to answer any questions you have regarding probate. If you are looking to avoid probate, meet with our experts to start your estate planning. Give us a call today to schedule a free consultation: (909) 481-4080.

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