Probate Administration
We help our clients navigate the probate process to ensure that the entire process is efficient, cost-effective, mistakes are avoided, even when no formal proceedings are required.
Probate administration is the legal process of transferring a person's probate assets after they die.
Probate assets are assets that are held in the decedent's name alone and require the decedent's signature to transfer.
It ensures that debts are paid and assets are properly distributed — either according to a will or, if there is no will, according to state law.
What Happens During Probate Administration?
If the person left a will, the court confirms that it’s legally valid.
The probate court will appoint a personal representative. If the decedent named a personal representative in his or her will, that person will be appointed. If there is no will, state law defines an order of priority for family members to serve as the personal representative.
- Real estate
- Bank accounts
- Investments
- Personal property
- Business interests
- Funeral expenses
- Outstanding bills
- Creditors
- Taxes
- According to the will
- Or according to state intestacy laws (if there’s no will)
How Long Does Probate Take?
It typically takes 6 months to 1 year, but can take longer if:
- The estate is complex
- There are disputes
- There are significant debts
- There are tax issues
Does Every Estate Go Through Probate?
Not always. Probate may be avoided if:
- Assets are held in a living trust
- Property is jointly owned with right of survivorship
- Accounts have designated beneficiaries (like life insurance or retirement accounts)
- For real estate, a "Ladybird Deed" allows real estate to transfer automatically upon death without having to go through probate
Why It Matters
Probate administration provides:
- Legal oversight
- Protection for creditors
- Clear transfer of ownership
- Reduced risk of future disputes
