Yes, a will is generally subject to probate court.
In fact, one of the primary purposes of a last will and testament is to serve as instructions for the probate judge on how to distribute your assets and who should oversee the process (the executor).
How Probate Works with a Will
Public Process: When a will is submitted to probate, it becomes a public record.
Court Oversight: The court validates the will, ensures debts and taxes are paid, and approves the distribution of assets to beneficiaries.
Time & Cost: Depending on the jurisdiction and the size of the estate, probate can take several months to over a year and involves court fees, executor fees, and potentially attorney fees.
Common Exceptions & Ways to Avoid Probate
Not all assets pass through a will or require probate:
Living Trusts: Assets placed in a revocable living trust pass directly to named beneficiaries according to the trust terms, bypassing the probate court entirely.
Beneficiary Designation Accounts: Life insurance policies, retirement accounts (401ks, IRAs), and bank accounts with Transfer-on-Death (TOD) or Pay-on-Death (POD) designations automatically transfer to the named individual outside of probate.
Joint Ownership: Property held as Joint Tenants with Right of Survivorship automatically passes to the surviving owner.
Small Estates: Many states offer simplified, expedited probate procedures or affidavits for estates under a specific monetary threshold.
Contact L.A. Legal Document Assistants at 844-223-3137 or via email at info@la-legaldocumentassistants.com.
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