Author: michal

You can sell a deceased parent’s house without probate only if the property qualifies for a non-probate transfer, meaning it was held in a living trust, titled in joint tenancy with right of survivorship, or set up with a transfer-on-death deed. If none of these apply, the property generally must go through probate before anyone…

If no probate is filed, an estate’s assets stay frozen because no one has legal authority to transfer them. Heirs cannot access accounts or sell property, creditors cannot be formally resolved, and the will is never validated by a court, which often leads to longer delays and more disputes than probate itself would have caused.…

Life insurance usually does not go through probate. When a policy has a valid, up-to-date beneficiary listed, the death benefit pays directly to that person, bypassing probate court entirely. It only gets pulled into probate in specific situations, such as no beneficiary being named, all named beneficiaries having died before the policyholder, or the policy…

Most states do not set a single nationwide deadline to file probate. Each state sets its own rule, ranging from a short window of around 30 days for a named executor to act, up to several years before a will can no longer be admitted. Check your state’s specific timeline as soon as possible after…

The probate process is the court-supervised procedure that manages and distributes a deceased person’s estate. It validates the will, appoints an executor, gathers and values assets, pays debts and taxes, and then distributes what remains to heirs and beneficiaries under the will or state law. Before you get to any of that, the clearest way…

Probate law is the body of state rules that govern how a deceased person’s estate is validated, administered, and distributed. It determines who manages the process, how creditor claims and taxes are handled, and how both probate and non-probate assets ultimately reach beneficiaries. Understanding the basic framework helps executors, administrators, and families move through estate…

Probate guardianship is a court-supervised arrangement that appoints a responsible adult to care for a minor or an incapacitated adult who cannot manage their own affairs, a role Cornell Law School’s Legal Information Institute defines as managing another person’s personal activities or resources. The guardian handles daily care, medical decisions, and finances under ongoing court…

Probate is generally required when assets are titled solely in the deceased’s name, there are no beneficiary designations, or no other legal mechanism transfers ownership automatically. This applies whether or not there is a will, since even intestate estates need probate to formally identify heirs and authorize the transfer of property. The clearest way to…

Yes, you can sell a house while it is in probate. The executor or personal representative manages the sale, but depending on the will and your state’s rules, the sale may need probate court approval before it closes. Once the court appoints a representative and any required approval is in place, the home can be…

A probate lawyer is an attorney who specializes in the legal process that follows a death, guiding the executor, family, and beneficiaries through validating the will, settling debts, and distributing estate assets. They handle court filings, resolve disputes, and make sure the estate complies with state probate law. Many estates never need one at all,…