Wills probate is the legal process used to settle the estate of a person who has died. During probate everything owned by the decedent is suspended; meaning it cannot be sold or given away until the estate is properly settled. An estate administrator is designated within the Will to manage all aspects of probate. Most administrators work with an attorney or estate planner to ensure documents are properly filed through the court.

Administrators of wills probate can be held responsible for multiple duties. Oftentimes, decedents appoint their spouse, adult children or relative to manage their estate. There are advantages and disadvantages to this decision.

If the designated probate executor is an adult child or sibling, estate management duties can cause additional stress during the grieving process. When family disharmony exists, probate executors can encounter unimaginable problems. Unfortunately, when money exists, greed soon follows. One option to prevent family discord during probate is to hire an attorney to manage the estate.

When lawyers manage wills probate estates family members are less likely to create turmoil by contesting the Will. Probate attorneys can aide in the preparation of legal documents, oversee transfer of real estate and financial holdings, and sort through complicated issues.

The average length of probate extends six to nine months. Much depends on court caseload, estate value, outstanding debts owed by the decedent, and complexity of inheritance assets. If heirs contest the Will, probate can be suspended for a year or longer. In most cases, contesting the Will does not accomplish anything other than fattening attorneys’ wallets and bankrupting the estate.

Probate personal representatives are compensated for managing wills probate. Administrative fees are paid according to each state’s probate laws. Depending on the state, fees can be paid at an hourly rate, flat fee or percentage of estate value.

Family members often feel uncomfortable accepting administrative fees. However, managing wills and probate is time-consuming. Even small estates require 60 to 80 hours of work. Payment of fees can be outlined within the decedent’s last will. Otherwise, the court will instruct the payment schedule.

Last, but not least, estate executors are responsible for filing a final tax return. Decedents’ taxes must be paid within nine months from the date of death. Tax returns must be filed whether probate is completed or not. If outstanding taxes are owed, the estate must provide full payment with the final return. Penalties and late fees will be assessed if the tax return is not filed on time. Most estate administrators hire a tax attorney to help complete final tax returns.

Once the executor has paid outstanding debts they must provide a settlement statement to the probate judge. The judge must review the estate to ensure everything has been paid and the last will abides by probate laws. Once the judge signs off on the estate, inheritance assets can be distributed to intended heirs.

The only way to avoid probate is to place inheritance assets inside a trust. Certain assets can be protected from probate by appointing payable on death or transfer on death beneficiaries. These options should be discussed with a professional estate planner to ensure proper documents are filed.