How Does Probate Work?Īlthough the details of the formal probate process vary by state, there are some general steps that are common in every jurisdiction.įirst, in order to probate a will, the document must be presented to the probate court in order to schedule a hearing to appoint either the executor named therein or an administrator for the estate (also known as a personal representative). Probate also gives the executor named in the will the legal authority to oversee the probate estate, which includes distributing assets and paying debts. If there was a last will and testament, the procedure serves to validate it and settle any disputes over inheritances if the decedent died without a will, the court must appoint an administrator for the estate. Probate is the court-supervised, legal process of settling the estate of a deceased person. One of the most common questions associated with settling a deceased person’s estate is “How long does it take to probate a will?” The answer depends on a variety of factors, but in general, probate could take anywhere from a few months to more than a year (or even years).īefore we get to what could affect the length of the probate process, though, let’s discuss what probate entails.
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