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What Is Probate? Court Procedures, Costs, and Ways To Avoid It

02.12.26

What is probate, and when is it necessary? Estate planning attorney Steve Malach from Maddin Hauser’s Center for Estate Planning explains what probate involves, how it works, and which assets and situations do not require court proceedings.

In this video, you will learn:

  • The role of the probate court when someone passes away
  • Differences between having a will and no will (intestacy)
  • How probate manages assets, debts, taxes, and final distributions
  • Typical fees, including court costs and inventory fees
  • Why guardianships and conservatorships are called “living probate”
  • How a proper power of attorney can prevent court involvement
  • When disputes over capacity, fraud, or undue influence go to probate
  • Which assets avoid probate entirely, such as trust assets, joint assets, and beneficiary-designated accounts

Contact information:

If you have any questions or need additional information, please contact Steve Malach at smalach@maddinhauser.com or visit the Center for Estate Planning at https://maddinhauser.com/cep/.


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