Understanding the Probate Process and How to Minimize It

Most estate planning attorneys aim to help you create an estate plan that avoids or reduces probate as much as possible. Probate can be time-consuming, expensive, and is part of the public record. Still, in most cases, some level of probate is required, so it’s important to understand how it works.

What Probate Does

Probate is the court-supervised process that:

• Validates the decedent’s last will.

• Retitles estate assets to heirs according to the will.

• Ensures estate debts, taxes, and expenses are paid.

• Oversees distribution of remaining assets to beneficiaries.

A well-prepared estate plan can make probate smoother and faster. Without one, the process can take months or even years. Family members will have to gather documents and submit them to the court before assets can be distributed.

Starting Probate

The estate’s executor or personal representative usually begins probate by filing:

• The death certificate.

• The decedent’s last will.

• A list of known creditors.

• Names and contact information for heirs.

For small or uncontested estates, probate can move quickly. Many states offer simplified processes if the estate is below a certain value (for example, $75,000). Some courts even conduct hearings by video since COVID-19.

For larger estates, more paperwork is involved to validate the will, settle disputes, pay off debts, and file final tax returns before the estate can be closed.

Key Documents to Gather

Organizing documents early can save time. A typical checklist includes:

• Death certificates

• Last will and testament

• Trust documents (if any)

• Beneficiary designations

• Heir and beneficiary contact information

• Prenuptial or postnuptial agreements

• Last 3 years of tax returns

• Life insurance policies

• Real estate deeds & vehicle titles

• Financial account statements

• Business contracts and agreements

• Appraisals for valuable property (art, jewelry, collectibles)

• Records of debts, bills, and funeral/medical expenses

Probate Without a Will

If someone dies without a will (intestate), the state’s intestacy laws determine who inherits property. The probate court supervises the process.

Some assets bypass probate entirely, including:

• Life insurance policies with named beneficiaries

• Retirement accounts with beneficiaries

• Pay-on-death or transfer-on-death accounts

• Joint tenancy property with rights of survivorship

• Tenancy by the entirety (for married couples)

• Assets held in a trust

Cost of Probate

Probate costs vary by state but often total 5–10% of the estate’s value in legal fees, court costs, and administration expenses. Some estates lose as much as 20%.

Typical costs include:

• Executor compensation

• Court filing fees

• Probate bonds (sometimes refundable)

• Legal fees (especially if heirs contest the will)

• Tax preparation and audit costs

Disputes among heirs or contested wills are the most common reasons for high probate costs.

How to Minimize Probate

Many people work with an estate planning attorney to:

• Create a revocable living trust to transfer assets outside probate.

• Keep beneficiary designations updated on accounts.

• Use joint ownership or transfer-on-death designations where appropriate.

Regularly reviewing your estate plan ensures everything stays current and reduces court involvement when the time comes.

Take the Next Step

If you want to simplify the probate process for your loved ones, contact Aging in Maine at (207) 848-5600. Our experienced estate planning attorneys can help you create a plan that protects your assets and streamlines inheritance for your heirs.