Navigating Probate with Confidence
Life After Death: A Checklist for Filing for Probate
Losing a loved one is difficult enough without the added stress of navigating the probate process. Probate is the legal process through which a deceased person’s will is validated (or their estate is settled if there is no will), debts are paid, and assets are distributed. While every estate is different, probate can be complicated, time-consuming, and emotionally draining for families.
Here’s a step-by-step checklist to help you understand what happens during probate and why working with an experienced attorney can make the process smoother.
✅ Step 1: Prepare the Petition
The process begins by filing a Petition for Probate (or Administration, if there is no will) in the county probate or surrogate’s court where the deceased lived. You’ll need to attach:
The original will (if one exists)
A certified death certificate
A list of heirs and beneficiaries with addresses
Basic estate information, including assets and estimated value
📊 Did you know? Over 2.6 million probate cases are filed in U.S. state courts every year. Most cases take 12–24 months to resolve—especially when disputes or complications arise.
✅ Step 2: Submit Required Court Forms
The court may also require:
Oath of Executor/Administrator: Sworn promise to faithfully carry out duties.
Bond (if required): An insurance safeguard for heirs and creditors.
Initial Inventory: A preliminary list of estate assets, such as real estate, vehicles, accounts, and investments.
📊 Cost reality check: Many families underestimate probate costs. While some expect to pay under $1,000, actual expenses often include filing fees, legal fees, appraisals, and court costs, which add up quickly. In fact, about 70% of families lose more of the estate than they anticipated due to delays, disputes, and mismanagement.
✅ Step 3: Court Hearing Scheduling
The court reviews the petition and schedules a hearing to:
Verify the validity of the will
Officially appoint the executor or administrator
Allow heirs or beneficiaries to raise objections
📅 Timeline insight: Most probate courts schedule hearings within 6–12 weeks of filing. However, in busier urban courts (such as New York City, Los Angeles, Miami, or Chicago), hearings may be delayed 3–5 months due to backlogs, disputes, or incomplete paperwork.
✅ Step 4: Notices and Publications
The executor or administrator must:
Notify heirs and beneficiaries (by mail or personal service depending on state law)
Publish notices to alert unknown creditors (required in most states)
This begins the creditor claim period, which typically lasts 3–6 months.
📊 Survey says: Between 60–65% of people seek out probate attorneys precisely because the process is confusing and overwhelming.
✅ Step 5: Court Approval and Authority
Once the judge approves the petition, the court issues:
Letters Testamentary (if there is a will), or
Letters of Administration (if there is no will)
These documents officially give the executor or administrator legal authority to manage and distribute the estate.
Why You Shouldn’t Go Through Probate Alone
Probate can be stressful, lengthy, and costly. Families already dealing with grief shouldn’t have to manage complicated legal procedures at the same time.
At Moskowitz Legal Group, we guide families through every step of the probate process, ensuring compliance with the law while protecting your time, money, and peace of mind.
📞 Contact us today to learn how we can help you navigate probate with confidence.
