The Gartenberg Law Firm - What Is Probate?


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Probate is the legal process through which the court sees that, when you die, your debts are paid and your assets are distributed according to your will. If you do not have a will, your assets are distributed according to state law.  

Disadvantages of Probate 

  • It can be expensive. Probate costs vary from state to state, but are usually estimated at 3-8% of an estate's value. 

  • It takes time. Probate can take from a minimum of 9 months to 2 years. Your assets would be frozen and can not be distributed to your loved ones. 

  • Your family has no privacy. Probate is a matter of public record. Any interested party can see what you owned and who you owed. 

  • You family has no control. The probate process determines how much it costs to probate your estate, how long it will take for your assets to be distributed, and what information is made public.

 

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