A major part of the probate process involves validating the last will and testament of the decedent. This step is crucial as the subsequent proceedings will be based on the instructions and contents laid out in the will. Certain circumstances can call into question the legitimacy of the will being probated and give rise to will disputes. Some of these circumstances can include the existence of multiple versions of the will, the decedent not having full knowledge of the will’s contents, or the involvement of any sort of forgery or fraud. However, it should be noted that these incidents are rare and difficult to prove.

If there is no existing will to determine who will receive the inheritance from a decedent’s estate, the probate court will appoint an administrator. Intestacy laws will then dictate how the finances, assets, and property of the decedent will be distributed while the administrator manages and oversees the process. Although intestacy laws vary by state, closest living relatives generally take precedence over others in intestate succession, starting with a surviving spouse and blood relatives such as children. More distant relations usually do not receive any benefits unless a decedent has no surviving spouse or children. It is worth noting that misconduct towards the decedent during their life may bar a person from receiving their inheritance. An extreme example would be if an individual caused the death of the decedent, then that person would most certainly never be allowed to collect any sort of benefit from the estate.

An estate is comprised of the finances, assets, and properties that were owned by the decedent at the time of their death. However, not every item within an estate is required to pass through probate. Generally only portions of the estate that were exclusively owned by the decedent need to go through probate. For example, a house, car, bank account, or investment that was solely under the decedent’s name would be submitted to probate court by default. However, when it comes to jointly held assets or properties, probate can be skipped altogether. The same goes for any accounts with an appointed beneficiary or a property that is registered under a transfer-upon-death form.

No matter what state you live in, probate proceedings are known to be time consuming and drawn out. Moreover, everyone’s estate is different, and the length of the probate process is largely determined by how many assets, properties, and debts are contained within an estate. Other factors can also affect the length of probate: locating beneficiaries and assets, an invalid will, or disputes over inheritances among beneficiaries. Moreover, each individual step in probate is allotted a substantial amount of time to be completed, further prolonging the overall process. It is estimated that probate can take anywhere between six months to well over a year.