Probate Paperwork

Explore what probate paperwork involves, why it matters for your family, and how a living trust can help your estate avoid the probate process entirely.

What paperwork does my family have to file if I die without a trust?

Without a trust, your estate typically goes through probate, which means your family files a petition with the court, inventories your assets, notifies creditors, and waits for a judge to approve distributions — a process that can stretch from several months to a few years depending on the state and estate complexity. The paperwork involved often includes a petition to open probate, an inventory of assets, creditor notices, accountings, and a final petition to close the estate. Each document has deadlines and filing fees set by the state. A revocable living trust transfers assets outside of probate, so your family can skip most of this paperwork entirely and receive their inheritance without court involvement.