Glossary & Frequently Asked Questions About Probate Issues

IMPORTANT NOTE:Please be aware that the information on this page is delivered without warranty or guarantee of accuracy. It’s provided to help you learn more and formulate specific questions to discuss with your attorney and/or your Real Estate Professional and/or to help a personal representative, executor or executrix when executing their challenging responsibilities. By accessing this page, you acknowledge that it has been provided for information only and that you are hereby advised that any decisions regarding probate issues should be discussed with an attorney and/or a Real Estate Professional.

Glossary of Important Probate Terminology

Probate

Probate Court

Personal Representative

Joint Tenancy With Rights of Survivorship

Testate

Intestate

Codicil

Probate Definitions And General Information

How does the probate process work?

How long does probate usually take to complete?

Why is probate actually required?

Is it necessary for all of the decedent’s property to go through probate?

How much does probate cost?

If there is a really small estate, is probate still necessary?

What goes on in the probate of an uncontested will?

Where is Probate handled?

Can I handle probate without a lawyer?

Definition and Duties of the Personal Representative / Executor / Executrix

What happens when the person who dies owned land in multiple states?

Who is legally responsible for handling the probate process?

What are the main duties of a personal representative?

If I am named as the personal representative, do I have to accept the job?

Are personal representatives usually paid for their work?

What happens if the personal representative fails to perform his or her duty?

What if someone objects to or contests the will?

What is the basis for a will contest?

How can a will be “contested”?

What if there is no will?

What happens if a will cannot be found?

How can I find out if there was a will?

How can I avoid probate of my estate?

How are creditors against the estate handled?

Do beneficiaries have to pay creditors out of their own pocket if the estate is insolvent?

How are taxes handled in probate?

After a will is created, can it be modified?

Are provisions for the care and guardianship of minor children usually provided for in a will?

Are there any specific rules about how property can be disposed of?

Can there be more than one designated personal representative?

Is it necessary for the personal representative to live in the decedent’s state?

How does “joint tenancy” affect a will?

Must a will actually be read out loud to the family by the personal representative or attorney?

Should a will provide a separate list that details and bequeaths specific personal property?

What are the actual requirements for a will to be valid?

What happens if a person dies without leaving a will?

When should I make a will?

Who can or should draft my will?