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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 you may decide to go it alone, with the help of materials provided by the court. (More and more courts are publishing helpful overviews, forms, and instructions online.)

Shepherding an estate through probate court usually involves a lot of paperwork. 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 and instructions 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. 

When your loved ones die, what happens to their property? Will you need to deal with probate court proceedings, and if so, how complex will the process be? Where do you even start? The probate process can be intimidating, but a good overview can make all the difference. Start by learning about the probate process in these overviews we've written for many of the major states.

State Overviews of the Probate Process

When your loved ones die, what happens to their property? Will you need to deal with probate court proceedings, and if so, how complex will the process be? Where do you even start? The probate process can be intimidating, but a good overview can make all the difference. Start by learning about the probate process in these overviews we've written for many of the major states.

The probate process can be long and drawn out, costing your survivors time and money. Fortunately, many states offer probate shortcuts. Most of these shortcuts are for “small estates” (estates valued below a dollar amount set by the state). Depending on your state’s laws, your loved ones might be able to use simplified probate procedures or even skip probate entirely. You can learn more about your state's probate shortcuts by choosing your state below.

Simplified Probate Procedures in Your State

The probate process can be long and drawn out, costing your survivors time and money. Fortunately, many states offer probate shortcuts. Most of these shortcuts are for “small estates” (estates valued below a dollar amount set by the state). Depending on your state’s laws, your loved ones might be able to use simplified probate procedures or even skip probate entirely. You can learn more about your state's probate shortcuts by choosing your state below.

Depending on your state's law, your inheritors may be able to skip regular probate.

If an estate is small enough, under state law, then inheritors won't have to go to probate court at all.

To create a joint tenancy, be sure to use the right legal words on the deed or title document.

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

It's rare, but courts can toss out a will if it doesn't meet certain requirements.

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, and why to be skeptical.

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