INDUSTRY INSIGHT
WILLS & ESTATES
SPONSORED CONTENT
HOW LONG DOES IT TAKE TO PROBATE AN
ESTATE AND HOW MUCH DOES IT COST?
T
he length of the probate estate administration process
can depend on a variety of different things. If the estate
being administered is small and the deceased left his or
her affairs in relatively good order, the process can often be
completed in a matter of a few months. However, if the estate in
question is large and complex in nature, it’s quite possible that it
may take more than a year to resolve the matter. How organized
the decedent was is often the critical element in determining
how smoothly the administration process will be. Namely, if the
deceased left piles of paperwork and other documentation with
little in the way of clear guidance or direction, it’s likely that it
will take quite a bit of time initially just to get things organized.
Other things that can prolong the length of the probate
process are complicated tax matters, multiple pieces of real
estate that need to be sold, numerous debtors and creditors
of the deceased looking to be paid, and beneficiaries and
heirs who do not get along and are fighting over everything.
If a lawsuit is filed at the beginning of the process involving
a challenge to the validity of the decedent’s Last Will and
Testament, this can dramatically slow things down as well.
Finally, it’s important to remember that the laws governing the
probate process can vary greatly from state to state. These local
rules and procedures can also impact the amount of time it may
take to complete the administration process.
Taking all of these factors into consideration, it’s still a pretty
safe bet to expect the entire process to take somewhere
between 3 and 6 months on average to complete. That being
said, if there is a Will contest or other fighting going on between
the heirs, these matters may take considerably longer than that
to resolve.
Much like the length of probate, the costs of the estate
administration process can vary dramatically from state to state.
It’s not unusual for the filing fees, legal fees and other associated
costs and expenses of the probate process to add up to
somewhere between 3% and 7% of the total value of the estate.
However, if there are disputes that result in litigation, such as a
Will contest or challenge, the total cost and expenses may far
exceed such amounts.
When you hire an estate lawyer to guide you through the
probate process, make sure that you get his/her fee agreement
in writing and that it spells out precisely what legal services
will be provided. Remember, attorney fees also can vary greatly
and it’s usually your best bet to try to find one who will handle
the matter on a flat fee basis. That way you’ll know what
you’re going to pay in advance, eliminating the possibility of
an unpleasant surprise at the end. Be smart, do your research
20 724.942.0940 TO ADVERTISE | Ross Township
and find someone who is experienced and you’re comfortable
working with. If you’d like to learn more about the cost of
probate and the type of legal services our law firm can provide,
give us a call today to schedule your free legal consultation or
visit us online at www.americanwillsandestates.com.
Lloyd A. Welling, Esq.
Attorney Welling received his undergraduate degree in
Journalism and Communications from Point Park University
in 1986 and his law degree from Duquesne University
School of Law in 1992. He started the law firm of American
Wills & Estates in 1997 and has practiced exclusively in the
areas of Probate Estate Administration, Estate Planning
and Real Estate law since that time. When not working,
Lloyd can be found cheering on the Steelers, Penguins and
Pirates; golfing… badly, or walking his three rescue dogs on
the streets of Mt. Washington.