- Attorney-Reviewed Content · All 50 States
Probate Doesn't Have to Be Overwhelming.
Whether you’re an executor managing an estate, an heir navigating the process, or a family trying to understand what happens next — ProbateLawCenter provides clear, attorney-reviewed guidance for every step.
67%
of estates go through some form of probate
9–24
months average probate timeline, varies by state
3–8%
of estate value consumed in typical probate costs
50
state-specific guides, all attorney-reviewed
- Attorney-Reviewed All guides reviewed by licensed estate attorneys
- 2025 Current Updated for current state laws and probate thresholds
- Transparent Sources Every statistic cited with original source
- Free Resources No registration required for guides and checklists
- All 50 States State-specific timelines, thresholds, and court info
of estates require formal probate proceedings
Most families will navigate this process at least once
Average cost of a contested probate proceeding
Understanding the process reduces expensive mistakes
Median duration of contested estate proceedings
Executor errors are the #1 cause of delay
States have simplified small-estate procedures
Many estates qualify — most families never check
Core Guides
Start With What Matters Most
Whether you're just beginning or deep in the process, these are the guides families rely on most. All written and reviewed by licensed estate attorneys.
01
What Is Probate? A Complete Guide
Understand the full probate process — what it is, what it isn't, and what to expect from filing to final distribution of assets.
- Read the Guide
02
Executor Duties: Your Complete Responsibilities
A step-by-step walkthrough of every duty an executor carries — from locating the will through final distribution and closing the estate.
- Read the Guide
03
How Long Does Probate Take?
State-by-state timelines with real data. Understand what drives delays, how courts process estates, and what you can realistically expect.
- Read the Guide
04
Probate Costs: Full Fee Breakdown
Attorney fees, court costs, executor compensation, appraisals — a complete breakdown of what probate actually costs, by state.
- Read the Guide
05
What Happens When Someone Dies Without a Will?
Intestate succession laws determine who inherits when there's no will. Learn your state's rules and how assets are distributed by law.
- Read the Guide
06
How to Avoid Probate
Living trusts, beneficiary designations, joint ownership, POD accounts — a comprehensive guide to keeping assets out of probate entirely.
- Read the Guide
The Probate Process
What Happens, Step by Step
Probate moves through predictable stages. Understanding them helps executors stay ahead and heirs know what to expect.
1
File & Open the Estate
Probate moves through predictable stages. Understanding them helps executors stay ahead and heirs know what to expect.
2
Inventory & Notify
Identify all assets and their values. Notify heirs, beneficiaries, and creditors according to state law — with specific deadlines that must be met.
3
Pay Debts & Taxes
Settle valid creditor claims, file the final income tax return, and address any estate tax obligations before assets can be distributed.
4
Distribute & Close
Transfer assets to beneficiaries per the will or intestate succession, file a final accounting with the court, and officially close the estate.
State-Specific Guidance
Probate Rules Vary Significantly by State
Small estate thresholds, timeline requirements, executor compensation rules, and creditor deadlines are all determined by state law. Find yours below.
California
Threshold: $184,500 · Avg. 12–18 mo.
Texas
Threshold: $75,000 · Avg. 6–12 mo.
Florida
Threshold: $75,000 · Avg. 6–12 mo.
New York
Threshold: $50,000 · Avg. 12–24 mo.
Illinois
Threshold: $100,000 · Avg. 9–18 mo.
Pennsylvania
Threshold: $50,000 · Avg. 9–18 mo.
Ohio
Threshold: $35,000 · Avg. 6–12 mo.
Georgia
Threshold: $10,000 · Avg. 6–12 mo.
North Carolina
Threshold: $20,000 · Avg. 6–12 mo.
Michigan
Threshold: $15,000 · Avg. 5–10 mo.
Free Tools
Interactive Probate Tools
Use these tools to estimate timelines, check small estate eligibility, track executor tasks, and plan distributions — all free, no account required.
Probate Timeline Estimator
Answer a few questions about the estate and your state to get a customized timeline estimate and key deadline checklist.
Use Tool →
Small Estate Eligibility Checker
Determine if the estate qualifies for your state's simplified small estate procedure — potentially avoiding full probate entirely.
Check Eligibility →
Executor Task Tracker
A structured, interactive checklist covering every executor duty from death to estate closing — organized by phase and deadline.
Start Tracker →
Estate Asset Inventory Builder
Build a complete, court-ready asset inventory with current value fields, account numbers, and documentation checklist per asset type.
Build Inventory →
Free Downloads
Practical Resources. No Registration Required.
Free, professionally structured documents to help executors and families manage the probate process with confidence.
Executor Resource
Executor Starter Pack
Everything a newly appointed executor needs: duties checklist, immediate action timeline, key contact log, and court filing guide.
- Download Free
Document Guide
Probate Document Checklist
A complete list of every document needed to open, administer, and close an estate — organized by phase of the process.
- Download Free
Planning Tool
Probate Timeline Planner
A printable timeline template to map key probate milestones, court deadlines, and creditor windows from opening to closing.
- Download Free
Creditor Management
Creditor Notification Tracker
Track every creditor notification, response, and payment — with state deadline fields and a dispute log for contested claims.
- Download Free
Common Mistakes
Why Probate Goes Wrong — and How to Avoid It
The same executor mistakes appear repeatedly in delayed, disputed, and costly estates. These are the three most common — all preventable with the right guidance.
Missing Creditor Deadlines
What we see
Executors delay notifying creditors or skip publication requirements — triggering personal liability or reopened estates years later.
The fix
Use our state-specific creditor deadline guide and notification tracker before distributing any assets to beneficiaries.
Distributing Assets Too Early
What we see
Executors distribute cash or property before settling debts and taxes, then face personal liability when creditors come forward late.
The fix
Follow the mandatory sequence: inventory → notify creditors → pay debts → file taxes → then distribute. Our Executor Task Tracker enforces this order.
Overlooking Non-Probate Assets
What we see
Life insurance, retirement accounts, and joint tenancy property pass outside the will — but executors mistakenly include them in probate, creating conflicts.
The fix
Use our Asset Inventory Builder to correctly categorize each asset as probate or non-probate before opening the estate with the court.
Common Questions
Answers to the Questions We Hear Most
How long does probate take?
Most simple, uncontested estates close in 3–9 months. Complex or contested estates can take 1–3 years. Timelines vary significantly by state — California typically runs 12–18 months, while Texas can move faster for uncontested estates. Use our Timeline Estimator for a state-specific estimate.
What does an executor actually have to do?
Executors are responsible for locating and filing the will, inventorying all assets, notifying heirs and creditors, paying debts and taxes, managing estate property during administration, distributing assets per the will, and filing a final accounting with the court. See our full Executor Duties guide for a step-by-step breakdown.
Can a will be contested — and on what grounds?
Yes. A will can be contested on grounds of lack of testamentary capacity (mental state at time of signing), undue influence, fraud, improper execution, or a later will revoking the prior one. Will contests extend probate significantly and are expensive. See our Will Contests guide for a full explanation.
Does every estate have to go through probate?
No. Assets with named beneficiaries (life insurance, retirement accounts), property held in joint tenancy, assets in a living trust, and estates below your state’s small estate threshold often avoid probate entirely. Use our Small Estate Checker to see if the estate qualifies.
How much does probate cost?
Total probate costs typically range from 3%–8% of the gross estate value, including attorney fees (often 2%–4%), court filing fees ($150–$1,000+), executor compensation (varies by state), and appraiser/accountant fees. Some states cap attorney fees by statute; others allow negotiated rates. See our full Probate Costs breakdown by state.
What happens if someone dies without a will?
When someone dies intestate (without a will), state intestate succession laws determine who inherits and in what order — typically a spouse first, then children, then more distant relatives. The court appoints an administrator (similar to an executor) to manage the estate. See our state-specific Intestate Succession guides.
About This Resource
Why ProbateLawCenter Exists
Most people encounter probate during one of the hardest periods of their lives — grieving a loss while suddenly responsible for a legal process they've never navigated. We built ProbateLawCenter to change that.
Every guide on this site is written to be genuinely useful: specific, accurate, and actionable. We don't traffic in generic legal summaries. We provide state-by-state detail, real data, and tools built around how probate actually works.
All content is reviewed by licensed estate attorneys before publication and updated whenever state laws change. We disclose our sources, explain our methodology, and name the professionals who review our work.
All content reviewed by licensed estate attorneys before publication
Every statistic cited with original government or academic source
All state-specific data audited for accuracy annually or upon law changes
Licensed attorneys listed by name on every reviewed guide
Typical Probate Timeline
Day 1-14
Immediate Steps
Locate will, obtain death certificates, notify immediate family and financial institutions
Week 2–6
File with Court
Submit will and petition for probate; court appoints executor and opens estate
Month 1–3
Inventory & Notice
Complete asset inventory; publish creditor notice per state requirements
Month 3–6
Claims Period
Creditor window closes; pay valid claims; file final tax return
Month 6–18
Distribution & Close
Transfer assets to beneficiaries; file final accounting; close estate with court