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Probate is the legal process for determining the assets of a deceased person, assuring payment of debts, identifying the rightful heirs and distributing the decedent's estate to the heirs. Attorneys are often needed to conduct these proceedings.

Probate may not be necessary if:

• all or almost all of the deceased person's assets are held in some form of trust

• are held in joint tenancy

• are co-owned with a surviving spouse

• or the value of the assets is $100,000 or less.

A will alone does not avoid probate.  If a probate of the decedents estate is necessary, an administrator or executor must be appointed, the estate must be inventoried and appraised, the creditors must be given notice and paid, and only then can the estate be distributed.

The probate process will typically take approximately six months if all goes well.  Typical court costs for the probate of a smaller estate are $600 - $1,000.  Attorneys fees are based on a percentage of the total estate and are set by law.  The fee for a $200,000 estate is $7,000.

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