Probate

Probate is the court-supervised legal process used to settle an estate when someone passes away with assets titled in their name alone. It involves appointing a personal representative (also known as an executor or administrator), paying debts and taxes, and distributing assets to heirs or beneficiaries.

At Strategic Wealth Legal Advisors, we guide families through probate with step-by-step legal support, helping you stay on track, minimize stress, and avoid unnecessary delays or expenses.

When Probate Is Required

Probate is typically required when:

Someone passes away without a will (intestate succession)
There is a will, but no trust in place
Assets were not properly transferred to a trust during the person’s lifetime
A trust exists, but the plan was poorly maintained or not fully funded

Even with a revocable living trust in place, probate may still be necessary if certain assets were never titled in the name of the trust or updated accordingly.

Drawbacks of Probate

We often help clients plan ahead specifically to avoid probate, and for good reason. The process can be:

Time-consuming – It often takes 12–18 months (or longer) to fully resolve
Public – All filings and asset information become part of the public record
Costly – Legal fees, court costs, and statutory executor fees can add up quickly
Emotionally stressful – The legal process can intensify grief, confusion, and conflict

That said, when probate is required, having skilled legal guidance makes a significant difference.

What We Do

If your loved one’s estate must go through probate, we’ll help you handle the entire process from start to finish. Our services include:

Filing the petition to open probate
Appointing the personal representative
Notifying heirs, beneficiaries, and creditors
Taking Inventory of and appraising assets
Resolving debts and final expenses
Filing required tax documents
Distributing assets according to the will or state law

We also help identify opportunities to streamline or limit the scope of probate when appropriate.

Preventing Probate in the Future

For many families, going through probate is a wake-up call that better planning could have made things easier. If you’re currently managing a loved one’s estate and want to avoid the same situation for your own family, we can help you put a living trust and other protections in place.

Facing Probate? We Can Help.

Whether you’re a personal representative who needs legal guidance or a family member unsure of the next steps, we’ll walk you through the process with care and clarity. Schedule a consultation to get the help you need.