Most people have heard of probate, but very few truly understand what it really means or how it could affect their family someday. According to a 2024 national study, only 65% of Americans say they even know the definition of probate, and over one-third admit they don’t understand the process at all.
This knowledge gap matters. Probate can be long, expensive, and emotionally draining, especially for families already grieving. Yet most Americans underestimate just how much it costs, how long it takes, and how complicated it really is.
At Voorhees Law Group, we believe the best way to help families avoid unnecessary stress is through education and preparation. Here’s what you need to know about probate and how to protect your loved ones from the mess it can create.
Why Probate Matters
Probate is the legal process of settling an estate after someone passes away. It involves validating the will if one exists, identifying and valuing assets, paying debts and taxes, and distributing what remains to heirs.
Sounds simple, right? Not so fast. Families navigating probate often get buried in court paperwork, deadlines, requirements, and sometimes even family disputes — all while grieving.
The study revealed just how misunderstood probate really is:
- More than half of Americans believe probate is somewhat or very difficult to manage.
- The average probate takes 20 months, but only 2% of respondents guessed it would take that long.
- Probate can cost 3% to 7% of the estate’s total value, but 56% of Americans have no idea what it costs.
- Many assume probate costs less than $1,000, when in reality, estates worth $750,000 often rack up fees between $22,500 and $52,500.
The Risk of Being Unprepared
Perhaps the most alarming finding is that 50% of Americans don’t even know if they live in a state or county that requires probate. This lack of awareness comes at a time when the largest generational wealth transfer in history is already underway.
Experts predict that more than $72 trillion will pass from one generation to the next in the coming decades. Yet most families are completely unprepared:
- 62% of millennials do not have a will or trust.
- 34% of millennials aren’t even sure whether their parents have an estate plan.
For many families, probate delays inheritances, strains relationships, and drains assets. One expert said it best: probate is “lengthy, costly, and emotionally draining” but entirely avoidable with the right planning.
How to Avoid Probate
Here’s the good news. Probate is not inevitable. With the help of an experienced estate planning attorney, you can put tools in place to spare your loved ones the burden.
Some of the best strategies include:
- Creating a revocable living trust
- Properly titling your assets
- Keeping your beneficiary designations up to date
Even if you already have a plan in place, it is smart to review it regularly to make sure it reflects your current goals, family dynamics, and the laws where you live.
The Time to Prepare Is Now
This study makes one thing crystal clear. Most families are unprepared for probate, but it’s entirely within your power to fix that. As laws and life change, the best way to protect your loved ones is to sit down with a knowledgeable attorney who can help you create or update your estate plan.
At Voorhees Law Group, we help families understand their options, avoid unnecessary costs and delays, and keep the peace when it matters most. Request a consultation today and take the first step toward protecting your legacy.