Practice Area
Probate attorneys by state.
Estate administration, will validation, creditor claims, asset distribution, and will contests. An attorney guides executors and beneficiaries through the probate process.
Common case types
Why attorneys matter
Why people hire probate attorneys
Probate procedures vary significantly by state — filing requirements, notice periods, creditor claim deadlines, and court approval requirements differ across jurisdictions. An attorney ensures the process moves efficiently and avoids costly mistakes.
Even simple estates can become complicated when beneficiaries disagree, creditors make claims, or assets are difficult to value. An attorney anticipates these issues and resolves them before they become litigation.
Personal representatives (executors) have legal duties to creditors, beneficiaries, and the court. Mistakes in administration can result in personal liability. An attorney guides executors through their obligations.
Probate is public. Assets in probate become part of the public record. An attorney identifies opportunities to pass assets outside probate through proper planning.
Common questions
Common questions about probate
General information only — not legal advice.
Does everything have to go through probate?
No. Assets with beneficiary designations, assets in joint tenancy, and assets in trusts pass outside of probate. Only assets titled solely in the deceased's name without a beneficiary designation typically go through probate.
How long does probate take?
Simple probate typically takes six months to a year. Complex estates with disputes, difficult-to-value assets, or tax issues can take years. Most states require a creditor claim period (typically three to six months) before assets can be distributed.
What is a will contest?
A legal challenge to a will's validity. Common grounds include lack of testamentary capacity, undue influence, fraud, forgery, or improper execution. Will contests must typically be filed within 30 to 90 days after the will is admitted to probate.
What happens if someone dies without a will?
Your state's intestacy laws determine who inherits. Generally assets pass to a spouse first, then children, then more distant relatives. Intestacy laws don't account for your actual wishes — a domestic partner, friend, or charity you intended to benefit may receive nothing.
What are the personal representative's duties?
Gathering and inventorying estate assets, notifying and paying creditors, filing tax returns, managing assets during administration, distributing assets to beneficiaries, and providing an accounting to the court. Breaches of these duties can result in personal liability.
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