A Guide for Heirs

“What if” scenarios can help you make informed decisions and avoid unnecessary delays.

When a parent dies, families often face legal, financial, and practical challenges, which can feel overwhelming—especially while grieving. Many heirs search for answers to questions like: “What happens if my parent had a will?”, “Do I need a lawyer?”, or “Can I access inheritance before probate ends?” Understanding these common “what if” scenarios can help you make informed decisions and avoid unnecessary delays.

What if Your Parent Had a Will?

If your parent left a will, it usually names an executor responsible for carrying out their wishes. The executor must:

• File the will with the local probate court

• Notify heirs and creditors

• Identify and value assets

• Pay outstanding debts and taxes

• Distribute the remaining property

For simple estates, executors can often manage this process without a probate attorney by carefully following court instructions. However, if the estate includes real estate, multiple beneficiaries, or potential family disputes, hiring a probate lawyer can help prevent mistakes and ensure deadlines are met.

What if There Is No Will?

When a parent dies without a will, intestate succession laws determine who inherits the estate, usually passing assets to a surviving spouse, children, or other close relatives. The court appoints an administrator instead of an executor. Without a will, probate involves more court oversight, so many families choose to work with a lawyer to navigate paperwork and procedural requirements.

What if Some Assets Do Not Require Probate?

Not all assets must go through probate. Accounts in a living trust, jointly owned property, payable-on-death bank accounts, retirement accounts, and life insurance policies typically transfer directly to named beneficiaries. In these cases, heirs usually just need to contact financial institutions, provide a death certificate, and complete claim forms. Legal advice is optional but can help if there are delays or disputes.

What if the Estate Is Small?

Some states allow simplified probate procedures for smaller estates, which can save time and money. A small estate affidavit may allow heirs to claim assets without full probate, often without needing an attorney, as long as the estate meets legal requirements.

Do I Need a Lawyer?

You do not always need a probate attorney, especially for simple or small estates. But if probate becomes complicated, contested, or unusually slow, legal guidance can be invaluable.

Accessing Funds Before Probate Ends

Probate often takes 9 to 18 months or longer. If heirs need funds before probate is complete, some explore probate advances. These are not loans—they are upfront payments on your expected inheritance. While helpful for immediate financial needs, advances reduce the amount you ultimately receive.

Understanding these “what if” scenarios—whether your parent had a will, how assets are titled, or whether probate is required—helps families make informed decisions and plan effectively after a death.