Probate is the court and process that looks after people who cannot make their own personal, health care and financial decisions. These people fall into three general categories: Minor Children (under age 18 in most states); Incapacitated Adults; and People who have died without legal arrangements to avoid probate. Probate proceedings can be expensive and time-consuming. Additionally, the court proceeding and associated documents are all a matter of public record. Many people choose to avoid probate to save money, spare their heirs a legal hassle, and keep their personal affairs private.

Probate begins when the will of a deceased person is given to an attorney. Sometimes, attorneys even keep the original at their office. The attorney then delivers it to the judge at the county courthouse and the legal process begins. Legal notices are then placed in the newspaper notifying creditors of the deceased’s passing and that claims on the estate may be filed. Then you wait six months, hopefully. The forms and trips to the court finally stop and the case can be closed. An AARP nationwide study found that probate proceedings cost 5-10% of the estate’s value. Shockingly, with proper planning this entire process can be completely avoided with the right attorney. Choose wisely.

Each case and county court is different. Some of the length is based on the type and amount of assets involved. At a minimum, it takes around six months, and the average length is about 11 months. That being said, it could take multiple years if you run into problems. Choose your attorney wisely.

Any assets owned and titled in the name of the decedent at death will probably need to be probated. So be careful and plan ahead because that includes all assets passing via your Will too.