Determine if Probate Is Required

Probate is typically required when the deceased owned assets solely in their name without a beneficiary designation—such as real estate titled only in their name, bank accounts without a payable-on-death (POD) designation, or vehicles. If all assets pass through joint ownership, beneficiary designations, or a living trust, probate may not be needed at all. Consult your state's specific rules, as thresholds and requirements vary significantly.

Most states offer a simplified process for small estates, but thresholds vary widely—from $20,000 in some states to $200,000 in others. California's threshold is $184,500 (2024), Texas has no dollar limit for independent administration, and New York allows small estate affidavits for estates under $50,000. Check your county probate court's website or call the clerk's office for your state's current threshold and required forms.

Assets that bypass probate include: jointly owned property with right of survivorship, accounts with named beneficiaries (life insurance, IRAs, 401(k)s), payable-on-death (POD) bank accounts, transfer-on-death (TOD) brokerage accounts, assets held in a living trust, and community property with right of survivorship in applicable states. Reviewing how each asset is titled is the fastest way to determine if probate is avoidable.

File a petition with the probate court in the county where the deceased lived. You will need the original will (if one exists), a certified death certificate, and a completed petition form (available from the court clerk). Filing fees range from $50 to $450 depending on the state. The court will schedule a hearing, typically 30-45 days after filing, to validate the will and appoint the executor. Consider hiring a probate attorney ($3,000-$7,000 for straightforward estates) if the estate is complex.

Simple, uncontested estates typically take 6-12 months. Estates with real property, business interests, or disputes can take 18 months to 3+ years. The timeline depends on state law requirements for creditor notification periods (usually 3-6 months), court scheduling, complexity of assets, and whether any beneficiary contests the will. You can begin gathering documents and notifying creditors while probate is pending.