Probate
Probate: What It Is and the Basic Steps
Reviewed by the Plainfare editorial team · Updated June 1, 2026
Probate is the court-supervised process of validating a will, paying debts and taxes, and distributing what remains of a person’s estate to their heirs. Not every estate goes through full probate, and the rules vary by state, but most executors will deal with some version of it. Understanding the basic steps helps you avoid delays and decide whether you need a probate attorney.
The basic steps
The common sequence is: file the will and a petition with the probate court, get appointed as executor or personal representative, notify heirs and creditors, inventory the assets, pay valid debts and taxes, and then distribute the remaining assets to the beneficiaries. The court oversees the process and resolves disputes.
Timelines vary widely by state and estate complexity, from a few months for a small, simple estate to well over a year for a large or contested one.
When to hire a probate attorney
Many simple estates can be handled without an attorney, especially where the state offers a small-estate or simplified process. Consider an attorney when the estate is large, includes a business or real estate in multiple states, has significant debts or tax exposure, or when heirs are in conflict.
Probate attorneys typically charge either an hourly rate, a flat fee, or in some states a percentage of the estate. Get the fee structure in writing and compare a few attorneys before hiring.
Common questions
How long does probate take?
It varies by state and complexity, from a few months for a small, simple estate to more than a year for a large or contested one.
Do I need a lawyer for probate?
Not always. Simple estates, especially those that qualify for a state small-estate process, can often be handled without one. Larger, multi-state, debt-heavy, or contested estates usually warrant an attorney.
How much does a probate attorney cost?
Probate attorneys charge an hourly rate, a flat fee, or in some states a percentage of the estate. Get the fee structure in writing and compare a few before hiring.
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