Probate: Complete Guide (What It Is & How to Avoid It)
By Wealthvieu · Updated
Probate is the court-supervised process of distributing a deceased person’s assets — and it’s often expensive, slow, and public. Here’s how it works and how to minimize or avoid it.
How Probate Works
Step
What Happens
Typical Timeline
1
Will filed with probate court
Week 1
2
Executor appointed by court
1–3 months
3
Creditors notified
3–6 months notice period
4
Assets inventoried and appraised
2–4 months
5
Debts and taxes paid
4–8 months
6
Remaining assets distributed
6–24 months
Probate Costs by Estate Size
Estate Value
Attorney Fees
Executor Fees
Court + Other
Total Cost
$100,000
$3,000–$5,000
$2,000–$3,000
$1,000–$2,000
$6,000–$10,000
$250,000
$5,000–$10,000
$3,000–$6,000
$1,500–$3,000
$9,500–$19,000
$500,000
$10,000–$20,000
$5,000–$10,000
$2,000–$5,000
$17,000–$35,000
$1,000,000
$20,000–$40,000
$10,000–$20,000
$3,000–$7,000
$33,000–$67,000
In states like California and Florida, attorneys and executors can receive a percentage of estate value set by statute.
What Goes Through Probate
Goes Through Probate
Avoids Probate
Assets owned solely in your name
Joint tenancy with right of survivorship
Assets without beneficiary designations
Retirement accounts with beneficiaries
Real estate in your name only
Property in a living trust
Bank accounts without POD
Bank accounts with POD designation
Personal property (cars, jewelry, etc.)
Life insurance with named beneficiary
How to Avoid Probate
Strategy
What It Covers
Cost
Beneficiary designations
Retirement accounts, insurance, bank/brokerage
Free
Joint ownership (JTWROS)
Real estate, bank accounts
Free–$500
Revocable living trust
Everything transferred to trust
$1,500–$5,000
POD / TOD designations
Bank and brokerage accounts
Free
Transfer-on-death deeds
Real estate (available in ~30 states)
$50–$200
Probate Timeline by State
State
Typical Duration
Complexity
California
12–24 months
High (statutory fees)
Florida
6–18 months
Medium–High
New York
9–24 months
High
Texas
4–12 months
Lower (independent administration)
Wisconsin
4–12 months
Lower (simplified process)
Most states
6–18 months
Medium
Small Estate Exceptions
Most states offer simplified probate for small estates:
Threshold
Process
Under $25,000–$75,000 (varies by state)
Affidavit transfer (no court)
Under $100,000–$200,000 (varies)
Simplified/summary probate
Over threshold
Full probate required
Bottom Line
Probate is expensive, slow, and public — but it’s also largely avoidable with basic planning. The most effective strategies: name beneficiaries on all accounts, use TOD/POD designations, and consider a living trust if you own real estate. These simple steps can save your family $10,000–$50,000+ and months of waiting. Every dollar spent on estate planning now saves multiple dollars in probate later.