Probate Court
Probate court proceedings can be a mysterious process. After all, most of us wrap up the affairs of a deceased loved one only once or twice in our lives. You may want to hire a lawyer to handle the actual court paperwork for you, or to advise you as you go; you may decide to go it alone, with the help of materials provided by the court. (More and more courts are publishing very helpful overviews, forms, and instructions online.)
Shepherding an estate through probate court usually involves a lot of paperwork, but no courtroom drama. If you decide to tackle probate without a lawyer, the court clerk should be your new best friend. You’ll go to the clerk’s office for forms, for instructions, and for all kinds of information about the probate court process in your county. Every county has its own peculiarities and requirements. Just don’t go to the clerk’s office for legal advice—they won’t give it, because they’re not lawyers. But that doesn’t mean they can’t be a very valuable source of how to make it smoothly through the probate process.
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Texas is known (among lawyers, at least) for simple, efficient probate.
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California Probate: An Overview
The California probate process isn't as complicated as in some states, but it can be expensive.
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Small Estate Probate Shortcuts: Why Even Large Estates May Qualify
Depending on your state's law, your inheritors may be able to skip regular probate.
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Claiming Property With Affidavits
If an estate is small enough, under state law, then inheritors won't have to go to probate court at all.
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Using Community Property Agreements to Avoid Probate
In some states, married couples can sign agreements that leave property to each other and avoid probate.
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How to Take Title in Joint Tenancy
To create a joint tenancy, be sure to get the right legal words on the title document.
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You've heard that you should avoid probate—but why? Here are the basics.
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It's rare, but courts can toss out a will if it doesn't meet certain requirements.
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Probate Loans: Should You Get an Advance on Your Inheritance?
Probate lending is a way to get a portion of your inheritance quickly. But if you take a probate loan, the lender -- not you -- will receive your inheritance when probate ends. Learn how inheritance lending works.
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