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Probate is the legal process of validating a will, settling debts, and distributing assets under court supervision. Simple estates may take 6-12 months; complex or contested estates can take 2+ years. Some states offer simplified probate for small estates (typically under $50,000-$150,000, varying by state). Assets held in a trust, jointly owned property, and accounts with named beneficiaries generally bypass probate entirely.

If someone dies without a will (intestate), state law determines how assets are distributed, typically prioritizing the surviving spouse and children. The court appoints an administrator (usually the closest relative) to manage the estate. The process is similar to probate but follows a fixed legal hierarchy rather than the deceased's wishes. Consult a probate attorney to understand your state's intestacy laws.

Probate costs typically include court filing fees ($50-$400), attorney fees (either hourly or a percentage of the estate, commonly 2-5%), executor/administrator compensation (set by state law), and appraisal fees for real property. Total costs for a straightforward estate often range from $3,000 to $10,000. Complex estates with disputes, multiple properties, or business interests can cost significantly more.