• It will take months before the house or other estate property can be listed for sale.

If the house is include in a Probate estate it does NOT take months or years to sell.  The house can be listed for sale immediately after the Executor is appointed, generally in approximately 45 days.

• It will take years to distribute the Probate estate to the beneficiaries.

It does NOT take years to close a Probate.  Although it is possible, if the beneficiaries are fighting, that a Probate could remain open for years.  However, fighting and litigation between beneficiaries occurs just as easily under a Revocable Living Trust.  In other words, it is not the Probate process which causes an extraordinary delay, it is disputes between persons interested in the estate.

• A person who lives out of state cannot be appointed Executor. 

A person who lives out of state CAN be appointed Executor, however, they may need to post a bond.

• An Executor will have to appear in Court.

In a routine Probate the Executor generally does NOT have to appear in Court.  Any court appearances can usually be made by the Attorney.

• An Executor will have to pay the attorney from their personal funds.

The Attorney’s Fees are paid from the assets of the estate at the close of the Probate.  There may be some costs that the Executor advances, however, the Executor may be reimbursed after being appointed (generally within 45 days).