Greenwald Realty Team • March 28, 2025
When someone is deceased, their estate commonly undergoes a legal procedure known as probate. People often don’t realize how complicated the process can get until they’re buried in paperwork and legal terms—especially when there’s no will.
The presence or absence of a will affects timelines, legal steps, and, most importantly, how assets like real estate are distributed.
Probate transforms into a primary source of distrust and tension for families who are currently dealing with grief.
From naming an executor to dividing assets and settling debts, probate can unfold in a relatively organized manner or spiral into delays and disputes. The deciding factor? A valid will.
In this article, GreenWald Realty breaks down what a typical probate process with a will looks like and compares it to what happens when an individual with an estate passes on without one. We’ll unpack how real estate probate works and why proper estate planning now can save your loved ones from unnecessary hassle later.
Want more probate? Check out Episode 46 of our podcast about the evolution of trusts.
Probate is the term used to refer to the court process of dealing with the estate of a deceased person.
Before sharing assets with heirs, all legal and financial obligations must first be satisfied. The asset evaluation procedure starts with collecting information about estate assets such as bank accounts, vehicles, business interests, and personal belongings.
The estate’s debts and taxes must be settled prior to distributing assets to the beneficiaries.
Real estate is a major factor in probate and often the most problematic. Even if all the heirs agree on the outcome, a house cannot be sold or transferred until all rights to it are granted through probate.
This is complicated further if there is a mortgage, title problems, or co-owners.
The requirement for ancillary probate could arise when properties are situated in different states from the deceased. This situation leads to an extended number of steps in the process. Families who want to acquire, sell, or lease an inherited property need a clean legal transfer through probate to proceed successfully. The property stays in legal limbo when the owner fails to obtain this document.
The process begins by submitting the will to probate court, where a judge examines it for legal validity. A valid will generally include the testator’s signature, the signatures of two competent witnesses, and, in some states, notarization.
Courts also look for any signs of alterations or missing pages that could raise questions.
If everything is satisfactory, the will is admitted to probate, and the named executor is officially appointed. But when someone contests the will—perhaps arguing the deceased lacked mental capacity, was manipulated, or signed under duress—the probate process can grind to a halt.
Legal challenges may involve hearings, witness testimony, handwriting experts, and medical records.
This adds layers of complexity and often delays distribution for months or even years. Estates that include significant real estate or business interests face even more scrutiny, as these high-value assets increase the stakes and the likelihood of prolonged disputes.
Most wills name an executor—someone the deceased trusted to carry out their final wishes.
Once appointed by the court, the executor begins a series of duties critical to settling the estate. These tasks include notifying all known creditors and beneficiaries, taking inventory of the deceased’s assets, securing valuables, managing financial accounts, and arranging for the payment of outstanding debts, medical bills, taxes, and funeral expenses.
Only after these obligations are handled can the executor begin distributing what remains according to the will.
Real estate adds a unique layer of complexity. If there’s disagreement among heirs—for instance, one wants to sell the property while another wants to live in it—the executor must mediate and find a legal solution.
In many cases, properties must be appraised, maintained, or even renovated before they can be sold. When dealing with out-of-state property or rental income, the executor may need legal and real estate professionals to assist with title transfers, tenant issues, or property management tasks.
Source: Investopedia
Before beneficiaries receive their inheritance, the estate must first satisfy all outstanding debts and financial obligations.
This typically includes unpaid credit card balances, medical expenses, utility bills, mortgages, personal loans, and any business liabilities. Funeral and burial costs are also deducted from the estate. The executor must notify creditors, validate claims, and use estate assets to pay off any approved debts.
Another major consideration is taxation. Final income taxes must be filed for the deceased, and if the estate exceeds state or federal exemption limits, estate taxes may apply.
These taxes can significantly reduce the estate’s value, particularly for estates with high-value real estate or investment portfolios. Because errors in tax reporting or debt settlement can lead to legal complications, many executors seek help from a probate attorney or a Certified Public Accountant (CPA).
Their expertise ensures that deadlines are met, taxes are calculated properly, and documentation aligns with court requirements.
With debts settled, the executor begins the process of distribution. Assets like real estate, personal property, bank accounts, and investments go to the individuals or organizations named in the will.
Transferring real estate typically involves a new deed filed with the county. If the property needs to be sold, the executor may work with a probate real estate agent to list, market, and sell the home efficiently.
Disputes can still arise at this stage—for example, if one heir feels left out or undervalued. Legal guidance helps resolve such issues without derailing the entire probate process.
Probate with a valid will generally takes 4 months to 2 years. Some cases wrap up faster, particularly when the estate is small or well-organized. Costs include court filing fees, executor fees, and attorney fees.
If real estate needs to be appraised, repaired, or sold, those costs add up too. Still, having a will minimizes extra legal steps, which means lower costs in the long run.
Source: FindLaw
If someone dies without a will, their estate enters intestate probate, a process where state law dictates how the estate will be divided. Each state has its own set of intestacy rules, but most follow a priority structure: spouses and biological children typically come first, followed by parents, siblings, and extended relatives.
If no legal heirs can be located, the state may claim the estate. Importantly, courts do not accept verbal promises, handwritten notes, or unwitnessed documents as valid instructions.
In place of an executor named in a will, the court appoints an administrator to oversee the estate. This role involves similar responsibilities: inventorying assets, paying debts, and distributing what remains.
However, without a will to guide them, administrators must rely entirely on legal statutes, which can lead to confusion, conflict, or unintended outcomes—especially in blended families or cases involving non-traditional relationships. This uncertainty often results in more court involvement and extended timelines.
Administrators have the same core legal duties as executors, but their appointment comes from the court rather than a will. Because there’s no written guidance from the deceased, the court often requires closer supervision throughout the process. Administrators must:
Unlike executors, who typically have clear instructions to follow, administrators often navigate gray areas that lead to tension among family members.
If one sibling is appointed over another or transparency around finances is lacking, resentment can grow quickly. Without consistent communication and documentation, misunderstandings can turn into formal disputes, further delaying probate. In more complex cases—such as blended families, stepchildren, or business assets—the risk of conflict increases, and professional legal guidance may be necessary to avoid escalation.
Each state has intestacy laws that define a strict order of inheritance.
In most cases, if the deceased was married, the surviving spouse receives a portion of the estate, and the remaining assets are divided among biological or legally adopted children.
If there are no children, the spouse may inherit everything, or parents and siblings may also receive shares. In the absence of immediate family, more distant relatives like cousins, aunts, or uncles could inherit. If no legal heirs can be identified, the estate eventually becomes the property of the state.
Real estate poses additional challenges. The transfer of a co-owned property depends heavily on how the title was held. For example, joint tenancy with the right of survivorship allows ownership to pass directly to the surviving co-owner. However, if the property was held as tenants in common, the deceased’s share must go through probate. Without clear direction from a will, the court might order a sale to divide proceeds among heirs.
Complex assets like business shares, rental properties, or vacation homes often can’t be fairly divided.
In such cases, administrators may need to sell the asset and distribute the proceeds or negotiate settlements among heirs. Disagreements, valuation issues, or operational complications frequently lead to delays and legal intervention.
Probate without a will frequently opens the door to legal disputes, especially when there are multiple heirs with conflicting expectations. The absence of documented wishes leaves everything up to state intestate probate laws, which may not reflect family dynamics or promises made informally.
A sibling might question how the administrator is handling estate funds, while a stepchild or long-term partner may feel unfairly excluded. Distant relatives, once out of the picture, may suddenly appear and file claims, adding new layers of tension.
These disputes often trigger formal legal proceedings. Objections might be filed in court, administrators may be removed for misconduct, and detailed audits may be ordered to examine how estate funds were spent.
If the estate involves property, real estate probate becomes especially contentious—heirs might disagree on whether to sell, keep, or rent the property.
Without a clear plan or will, disagreements over real estate can drag on, incurring higher court fees, legal costs, and prolonged delays. All of this makes a strong case for proactive estate planning to avoid uncertainty and conflict.
A probate process with a will provides structure and clarity, helping families bypass many of these pitfalls. Without one, unresolved emotions and unclear expectations often turn grief into a lengthy, expensive ordeal.
The process of intestate probate lasts between 12 and 24 months. A missing roadmap leads to increased communication between the court and all parties involved. Costs run higher too – the value of an estate decreases because of legal fees, administrator compensation, and property management expenses. Family members often end up losing major parts of their inheritance when they need to pay for probate administration.
| Aspect | Probate with a Will | Probate Without a Will (Intestate) |
| Legal Process | The court validates the will and follows instructions. | The court follows state intestacy laws for distribution. |
| Executor vs. Administrator | A named executor handles the estate. | A court-appointed administrator manages the estate. |
| Timeline | Typically faster, as asset distribution is pre-defined. | Longer process due to legal complexities and court decisions. |
| Asset Distribution | Assets go to beneficiaries as stated in the will. | Assets are divided based on state inheritance laws. |
| Family Disputes | Fewer disputes since a will clarifies wishes. | Higher risk of disputes among heirs. |
| Real Estate Handling | Property transfers as outlined in the will. | The court decides who inherits property, which may delay sales. |
| Legal & Court Costs | Lower costs due to fewer legal hurdles. | Higher costs due to extended legal proceedings. |
Dealing with real estate in a probate situation can be quite challenging. This is the point where a probate real estate agent can assist you. These specialists know the legal deadlines and the emotional aspects associated with probate sales.
The Greenwald Realty Team collaborates with the family, attorneys, and the judicial systems to ease the process. We do property assessment and clean-out, professional marketing, and appraisal value processes to make it simple.
Our team specializes in:
We exist to assist people facing probate challenges by reducing the stress of this process.
Families need not experience legal nightmares when going through the probate process. The right planning can help you prevent delays as well as disputes, which might become expensive.
A will is still the most efficient method of estate planning. It guarantees that your property proceeds to the intended parties, legal complications and confusion, and keeps the legacy undisturbed. This is of utmost value for those with real estate.
Homes, land, and rental properties are often a family’s greatest assets. So why get stuck in court? Greenwald Realty Team understands the intersection of property and probate. We collaborate with families at individual stages—from working out and sorting documents to writing down properties after a loss.
For expert insights on estate planning and trusts, listen to this episode of The Ron Greenwald Show and watch this video covering key probate considerations.
Need help understanding your options? Contact us now or explore our probate service information on this page. Let us help you protect your family’s future.
The short answer is no. An estate is still subject to the probate procedure regardless of the existence of a will. That said, the process becomes notably simpler with a will.
A valid will delineates the beneficiaries and, therefore lessens delays, disputes, and litigation. This is why estate planning is essential: when someone clearly articulates their intentions legally, the court becomes a lot less investigative and mainly administrative.
A will does not eliminate probate, but it certainly reduces intricacy as well as the emotional toll that comes with it.
When a will is presented, the probate process may take anywhere between 6 months to a year, although the total time depends on how complex the estate is. In cases where it is simple, it may take less time, especially where the will is not contested, and the assets can be easily pinpointed.
Outstanding real property debts owed against estates can extend timelines on already long processes. Attentive set-ups and orderly documents usually mitigate accurate estate record delays. Disputes of any nature, as well as title issues can lead to delays, regardless of whether a will exists or not.
In situations that involve either testate or intestate probate, real estate requires being passed on to the beneficiaries legally.
Where there is a valid will, the real estate probate with a will makes the transfer easier to predict. In the absence of a will, the probate procedure for real estate can be immensely drawn out and require court approval due to disputes arising from multiple heirs.
The title owned by the estate has to be sanctioned legally prior to enabling them to inherit it, refinance it, or sell it. Collaborating with a probate real estate expert makes it easier for families to go through pricing, inspections, marketing, and closing during this often emotional time.
Without a will, a person’s estate must go through intestate probate. In this case, probate laws determine the heirs. The deceased’s personal input is missing, which, more often than not, leads to the undesired result.
An appointed administrator takes care of the estate and all the probate real estate work. This causes, in most scenarios, an even more lengthy and costly ordeal. This serves to bring to light the real weight of proper estate planning. Without a will, there is an increase in delays, disputes, forced sales of property, additional family tension, and a myriad of other issues, all of which places stress on the family and diminish the value of the estate.
In a probated will, the executor is named in the document and is often a close relative or an advisor. This person manages the estate, including settling any outstanding issues and handling any real estate probate work involved.
When a will does not exist, intestate probate procedures appoint an administrator.
It is quite normal for a spouse or adult child to be picked, but not always. Making an estate plan ensures that someone whom you truly trust takes charge, rather than a judge who knows nothing about your family.
Want more probate? Check out Episode 46 of our podcast about the evolution of trusts.
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