There is a relatively speedy process (called “voluntary administration”) for estates consisting entirely of personal property valued at $25,000 or less, excluding the value of any vehicle. Barring this expedited process, the probate of a will takes approximately 1 to 2 years.
Probate can be required in a number of situations, including where there is any question concerning the validity of a decedent’s will, to change title to assets, to pay creditors of the decedent, to obtain the decedent’s medical records, or when the size of the estate is sufficiently large to be taxed.
No. Typically, it is not necessary to probate an estate where the decedent’s property passed to beneficiaries by other means, such as through account beneficiary designations, rights of survivorship on jointly held property, or by living trust.
Probate is a legal process that transfers ownership of property from a person who has died to lawful beneficiaries or beneficiaries of a will. In most cases, the court appoints a Personal Representative (formerly referred to as an Executor or Executrix) to collect, manage, and transfer estate property.