DIY probate tools that put you in control.

Yes, you can probate a Will without a lawyer. Working with an estate planning or probate attorney during the probate process is not required by law. For the majority of cases, personal representatives probate a Will without formal legal assistance. While you may not plan to work with a lawyer initially, you can always change your mind and elect to do so if you find that the probate process is too complicated or stressful. In some cases, the probate process will be straightforward and easy. In other cases, not so much. This truly depends on a case-by-case basis based on a variety of factors. Between taking a do-it-yourself approach or working with a lawyer is completely up to you and your level of comfort.

Conducting the probate process on your own can be relatively easy and straightforward, as long as you educate yourself on the process and take advantage of tools or resources that are available. For instance, Trust & Will’s Self-guided Probate was created to help members navigate the probate process as easily as possible. We also provide our Learn Center, an extensive library full of educational and self-help articles. However, there may be occasions when the probate process turns out to be more complicated than planned, and to no fault of your own. If this happens, don’t worry! You can always lean on professional assistance when you need it. You’ll have options to upgrade to our Concierge or Attorney plans.

Probate isn’t always required. There are two steps to finding out if probate is necessary or unnecessary. The first step is to take inventory of the deceased person’s assets and property and determine if there are any probate assets. If there are any probate assets, then probate may be required. In some cases, however, the decedent may have named beneficiaries whenever possible and transferred all remaining property into a Trust with the objective of avoiding probate.

The second step is to obtain an estimate of the total estate’s value. In some states, probate is not required if the total estate value is under a certain threshold. For instance, estates valued $184,500 or less in California do not need to be probated. Estates exceeding the threshold value must pass through probate. Learn more about the difference between probate vs. non probate assets here.

There is no hard and fast rule that determines how long it takes to settle an estate. In some cases, it could take a matter of weeks, while in others it could take several months to a year. There are a variety of factors that determine how slowly or quickly an estate is settled. The first is the efficiency of both the court system and the personal representative who is charged with opening, managing, distributing, and closing the estate. The second is the size and complexity of the estate. As you might imagine, a large estate with a variety of complicated assets could take longer to sort out. Last but not least, variables such as taxes or conflict amongst heirs could drag out the process.

Probate fees are determined on a state by state basis. Each state determines how much an estate must be worth in order to require the full probate process. For instance, the California estate value threshold as of April 1, 2022 is $184,500. Any estate valued over this amount must go through probate. Estates valued at or less than this amount qualify for a simplified probate process, also known as summary probate. Again, this threshold varies from state to state. Be sure to find out the probate requirements in the state in which the decedent resided to determine whether their estate must go through probate. (In California, the simplified probate process is called the small estate affidavit.