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Probate FAQ

You've heard that you should avoid probate -- but why? Here are the basics.

Questions:

Answer:

What is probate?

Probate is a legal process that takes place after someone dies. It includes:

proving in court that a deceased person's will is valid (usually a routine matter)
identifying and inventorying the deceased person's property
having the property appraised
paying debts and taxes, and
distributing the remaining property as the will (or state law, if there's no will) directs.

Typically, probate involves paperwork and court appearances by lawyers. The lawyers and court fees are paid from estate property, which would otherwise go to the people who inherit the deceased person's property. To see everything Nolo has to offer when it comes to estates, executors, and probate, visit our Wills, Trusts & Estates Center.

Nolo Can Help You Avoid Probate
Explore your options, make a probate-avoidance living trust, or get help from a lawyer
Nolo's Online Will	Even if you use other techniques to avoid probate, you still need a valid will. Here you'll get guidance at each step, as well as detailed instructions on signing and storing your will. Start creating your will now.
Nolo's Online Living Trust	We'll take you through a step-by-step interview, asking all necessary questions and explaining legal issues along the way. Start creating your living trust now.
8 Ways to Avoid Probate, by Mary Randolph	A complete rundown of your probate-avoidance options, with state-by-state information about your options. Buy the book.
Talk to a Lawyer	If you have questions about your situation or a thorny estate planning issue, get advice from an estate planning lawyer.