Question 1

Do I need a lawyer for probate?

Accepted Answer

Not always. Simple estates can sometimes be handled with court forms and self-help centers. A lawyer helps with disputes, debts, real estate or complex estates.

Question 2

What if there’s no will?

Accepted Answer

The court appoints an administrator, and state law decides who inherits, usually close family in a set order.

Question 3

How long does probate take?

Accepted Answer

Often several months to over a year. Simple estates move faster; disputes, real estate or tax issues slow things down.

Question 4

What is a small estate affidavit?

Accepted Answer

A simpler way, in many states, to collect property from a small estate without full probate. Each state sets its own dollar limit and rules.

Question 5

What does an executor do?

Accepted Answer

They collect and protect the assets, notify heirs and creditors, pay debts and taxes from the estate, distribute what’s left, and report to the court.

Question 6

Can an executor be paid?

Accepted Answer

Often yes. Many states allow a fee, and executors can usually be reimbursed for reasonable expenses. Keep receipts.

Question 7

How much does probate cost?

Accepted Answer

Court fees, plus possible lawyer, appraisal and publication costs. It varies widely by state and how complex the estate is.

Question 8

Can I sell a house during probate?

Accepted Answer

Usually yes, with the executor’s authority and sometimes court approval, depending on your state.

Common questions: Probate step by step