Let’s talk about probate. You’ve probably heard the term before, but do you actually know what it means? If not, you’re in good company. A 2024 national study found that only 65% of Americans can even define probate, and more than a third openly admit they don’t understand it at all.
This lack of knowledge matters. Probate can drag on for months or even years, cost thousands of dollars, and emotionally exhaust families who are already grieving. And yet, most people don’t realize just how expensive, time-consuming, and stressful it can be.
At Norton Estate Planning & Elder Law, I believe in calling things like they are and making sure families know exactly what they’re walking into. Here’s what you need to know about probate and how to save your loved ones from the hassle.
Why Probate Matters
Probate is the legal process of settling someone’s estate after they die. That means the court validates the will if there is one, figures out what’s in the estate, pays off debts and taxes, and then hands out whatever is left to the heirs.
Sounds simple, right? Spoiler alert: it’s usually not. Families end up buried in court paperwork, racing to meet deadlines, navigating complicated rules, and sometimes even fighting with each other — all while trying to grieve.
The study uncovered some surprising (and alarming) facts about how little Americans actually know about probate:
- 52% believe probate is somewhat or very difficult to manage
- The average probate takes 20 months, yet only 2% guessed it would take that long
- Probate can cost 3% to 7% of the estate’s total value, but 56% of Americans have no idea what it costs
- Many believe probate costs under $1,000, but estates worth $750,000 often rack up fees between $22,500 and $52,500
The Risk of Being Unprepared
Here’s what really keeps me up at night: half of Americans don’t even know if probate is required where they live. That’s terrifying when you consider that over $72 trillion is expected to pass from one generation to the next in the coming decades.
And yet, most families are flying blind:
- 62% of millennials don’t have a will or trust
- 34% of millennials aren’t even sure if their parents have an estate plan
When families are unprepared, probate can delay inheritances, cause unnecessary conflict, and eat away at what you worked so hard to leave behind. One expert summed it up perfectly: probate is “lengthy, costly, and emotionally draining” — but here’s the good news. It doesn’t have to happen.
How to Avoid Probate
Probate isn’t some unavoidable rite of passage. With the right planning, you can make sure your family doesn’t have to go through it.
Here are a few ways to keep your estate out of probate court:
- Create a revocable living trust
- Make sure your assets are properly titled
- Keep all beneficiary designations up to date
Even if you already have an estate plan, it’s smart to review it regularly to make sure it still fits your life, your family, and current laws.
The Time to Prepare Is Now
If this study makes anything clear, it’s that most families are completely unprepared for probate. But you can change that today.
Your family deserves peace of mind, not piles of paperwork and legal fees. I can help you create or update your plan to make sure they’re protected.
Contact Norton Estate Planning & Elder Law to request a Consultation and take the first step toward protecting your legacy and saving your family from unnecessary stress.
