Jennifer Haslip | Glossary & FAQ

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Probate

Frequently Asked Questions

FAQs

How does the probate process work?

Why is probate required?

How long does probate take to complete?

How much does probate cost?

Where is probate handled?

Do I need a probate lawyer?

Are personal representatives usually paid for their work?

What if someone objects to or contests the will?

What is the basis for a will contest?

What if there is no will?

What happens if a will cannot be found?

How can I find out if there was a will?

How are taxes handled in probate?

After a will is created, can it be modified?

Can there be more than one designated personal representative?

How does “joint tenancy” effect a will?

Should a will provide a separate list that details and bequeaths specific personal property?

What are the requirements for a will to be valid?

What happens if a person dies without a will?

When should I make a will?

Who can or should draft my will?

Is it necessary for all of the decedent’s property to go through probate?

If it is a small estate, is probate still necessary?

How does a probate of an uncontested will work?

What happens when the person who dies owned land in multiple states?

Who is legally responsible for handling the probate process?

What are the duties of the personal representative?

If I am named as the personal representative, do I have to accept the job?

What happens if the personal representative fails to perform his or her duty?

How can I avoid probate of my estate?

How are creditors against the estate handled?

Do beneficiaries have to pay creditors out of their own pocket if the estate is insolvent?

Are provisions for the care and guardianship of minor children usually provided for in a will?

Are there any specific rules about how property can be disposed of?

Is it necessary for the personal representative to live in the decedent’s state?

Must a will be read out loud to the family by the personal representative or attorney?

IMPORTANT NOTE: The information on these pages is delivered without warranty or guarantee of accuracy. It is provided to help you learn more about the probate process. By accessing these pages, you acknowledge that the information within has been provided for information-only, and that you are advised that any decisions regarding probate issues should be discussed with an attorney and/or a real estate professional.