Photo: Paige Cody / UnsplashHow probate works
- Family and estate
The Probate Process Explained Step by Step
What probate is, how long it takes, what an executor does and which assets avoid it.
4 min read - Family and estate
Small Estate Affidavits: Skipping Formal Probate for Smaller Estates
How small estate procedures work, who can use them, what limits apply by state and the steps to collect a loved one's property.
3 min read - Family and estate
How to Avoid Probate: Trusts, Beneficiary Designations, Joint Ownership and More Compared
A fair comparison of ways to avoid or simplify probate, including living trusts, beneficiary designations, joint ownership, TOD deeds and small estate procedures, with pros and cons.
3 min read - Legal documents
Affidavit of Heirship: Proving Who Inherits Without Probate
What an affidavit of heirship is, when it is used to transfer property or accounts and its limits.
3 min read - Family and estate
Intestacy: Who Inherits When There Is No Will?
How state intestacy laws decide who inherits when someone dies without a will and how to start the process.
4 min read
Executors and disputes
- Family and estate
What Does an Executor Do? Duties and Responsibilities
The main duties of an executor of an estate, from filing the will to paying debts and distributing property.
4 min read - Family and estate
Removing an Executor: Breach of Duty, Accountings and Holding Them Accountable
When an executor can be removed, signs of breach of fiduciary duty, how to demand an accounting, petition the probate court, remedies such as surcharge and what to document.
3 min read - Family and estate
How to Contest a Will: Valid Grounds, Deadlines, Standing and Costs
When and how a will can be contested: who has standing, valid grounds such as undue influence and lack of capacity, no-contest clauses, short deadlines, evidence and realistic costs.
3 min read - Family and estate
Disinheriting a Child: What a Will Can and Cannot Do
Whether you can leave a child out of your will, how to word it, state differences and steps to reduce the risk of a challenge.
3 min read - Family and estate
Spousal Rights to Inheritance: Elective Share and Homestead
How surviving spouses are protected from disinheritance through elective share, homestead and family allowances.
2 min read
Debts and taxes
- Family and estate
Debts After Death: Who Pays, What Heirs Owe and How Collectors Can Contact You
What happens to a deceased person's debts, why heirs usually do not inherit them personally, order of payment, spouse and cosigner exceptions, collector rules and how to respond.
3 min read - Family and estate
Estate Taxes and Inheritance Taxes: The Basics
How federal estate tax and state estate and inheritance taxes work, who pays them and common ways to reduce them.
2 min read - Legal documents
Last Will and Testament: What It Should Include and How to Make It Valid
A practical guide to the contents of a will, signing and witness rules, safe storage and when to use a lawyer instead of a template.
4 min read
Frequently asked questions
How long does probate take?
Often six months to a year or more, depending on the estate.
Do I inherit my parent's debts?
Generally no, the estate pays debts, not heirs personally.
Can I contest a will?
Yes, if you have standing and a valid ground, and you file before the deadline.
Can an executor be removed?
Yes, for misconduct, conflicts or failure to perform duties.
Is there a faster process for small estates?
Many states offer small estate affidavits.