Most people have heard of probate, but very few really understand what it means or how it could affect their family someday. According to a 2024 national study, only 65 percent of Americans say they even know the definition of probate, and more than one-third admit they have no idea how the process works.
That gap in knowledge matters. Probate can be long, expensive, and emotionally exhausting, especially for families who are already grieving. Yet many people underestimate how much time, money, and stress is actually involved.
At Shore Estate Law, we believe education and preparation are the best ways to protect your loved ones from unnecessary headaches. Here’s what you need to know about probate and how you can spare your family from its burden.
Why Probate Matters
Probate is the legal process of settling an estate after someone passes away. It includes validating the will (if there is one), identifying and valuing assets, paying off debts and taxes, and distributing the remaining assets to heirs.
It sounds simple enough, but the reality is often much messier. Families in probate have to deal with court requirements, mountains of paperwork, tight deadlines, and sometimes even family disputes. And all of that happens while they’re still trying to grieve and move forward.
The study uncovered some telling misconceptions about probate:
- More than half of Americans think probate is at least somewhat difficult to manage.
- The average probate takes about 20 months, yet only 2 percent of respondents guessed it would take that long.
- Probate typically costs 3 to 7 percent of the estate’s total value, but over half of Americans have no idea about the cost.
- Many assume probate costs less than $1,000, but for estates worth $750,000, the actual fees often fall between $22,500 and $52,500.
The Risk of Being Unprepared
Perhaps most concerning, half of Americans don’t even know whether their state or county requires probate at all. That’s alarming when you consider the massive transfer of wealth already underway between generations.
Here’s what else the study found:
- 62 percent of millennials do not have a will or trust.
- 34 percent of millennials aren’t sure if their parents have an estate plan.
Without proper planning, probate can delay inheritances, drain assets, and strain family relationships. As one expert put it, probate is “lengthy, costly, and emotionally draining,” but it’s also completely avoidable with the right plan.
How to Avoid Probate
The good news is that probate isn’t inevitable. With help from an experienced estate planning attorney, you can set up tools that keep your estate out of court and in your family’s hands.
Some of the most effective strategies include:
- Creating a revocable living trust
- Titling assets correctly
- Keeping beneficiary designations up to date
Even if you already have a plan, it’s smart to review it every few years to make sure it still fits your goals, your family, and the laws where you live.
The Time to Prepare Is Now
The takeaway from this study is clear. Most families are unprepared for probate, but you don’t have to be. With the right guidance, you can protect your family from unnecessary costs and delays while preserving peace of mind for everyone.
At Shore Estate Law, we help families understand their options, make informed decisions, and create plans that work when they’re needed most.
Contact us today to register for a workshop or request a consultation and take the first step toward protecting your legacy.
