Is Probate Bad?

Hope Wood JD assists with many probate administrations every year. Would we say probate is bad? No, probate is not bad per se.

BUT, would I say the probate process is stressful, time-consuming, expensive, and emotionally draining? One hundred percent yes.

**What is Probate?**

Probate is the court-supervised process to transfer legal title and ownership of assets from a deceased person’s estate to their beneficiaries or heirs at law.

If Probate isn’t bad, why do people hate it?

It’s Expensive

In addition to Attorney’s Fees, there are court costs, CPA fees, postage costs, Executor Fees, Funeral expenses, and Potential creditors. Other questions about costs? See our FAQs

It takes time

There are certain requirements of Probate that just take time, and while attorneys do the best they can to minimize the time an estate is open, even the simplest of estates are open around 8 months, longer if there is real estate to sell.

It’s a Public Proceeding

A report and inventory are required for every estate to file with the court. It lists what the decedent owned at the time of death (regardless of whether it is transferring through probate or not), the value of the asset, and who is receiving the assets. These filings are public record.

You have to hire an Attorney

In Iowa it is if difficult to administer an estate Pro Se (without attorney representation). Recently there have been a few court cases (see In the Matter of the Estate of Barbara Jean White, No. 23-1009 filed August 21, 2024 and Estate of Kara B. Tornell, No. 24-0720 filed February 6, 2026) about Potential Administrators representing the estate by themselves, and the Judges requiring representation by an Attorney.

Along with knowing the probate system, a Probate attorney also needs to be familiar with Iowa and Federal Tax requirements, Real Estate Law, and, sometimes, Business Law and Family Law, which may be involved in the process as well. Long story short, it isn’t hard for a Pro Se executor to run afoul of the law and become personally liable for damages.

What is good about Probate?

Lawyers love when there is an established system, and while I could wax poetic about the need for a probate-like system in a society that values the preservation of private property, this isn’t a philosophy forum. So, bringing it back down to earth. Here are the benefits of the probate system.

It’s a conflict resolution forum

When there is reason to dispute the validity of a Will or a Trust for Undue Influence or Incapacity, the Court has procedures and evidentiary standards to present the case to the court or a jury that the estate planning document presented to the court does not reflect the testator's intent.

When there isn’t a Last Will and Testament, there are often disputes about who is the administrator and who gets what from the estate. The court enforces Iowa Law, which determines the distribution in the absence of a Last Will and Testament. The court also has mechanisms to make sure that property is sold for Fair market value and that administrators don’t engage in self-dealing.

A platform to protect the potentially vulnerable

In instances where an undue influence claim or incapacity claim is founded, the court can help reinstate previous estate planning documents that are more reflective of the decedent’s true intent.

Method for settling debts to validated creditors

During the Probate Process, a creditor has to file a claim with the estate within a certain time frame to get paid. This allows the executor to examine the claim and determine whether it is valid or needs to be disputed.

It has answers, where none may have been left by the decedent

When there is no Last Will and Testament, the Probate process at least provides a direction. It may not be the direction everyone agrees on, but there is at least a direction and an end to the process. Then families can move on.

Whether you view probate as good or bad, it is worth discussing whether probate avoidance is a goal of your estate plan.

Looking to do your Estate Planning? Schedule a Revocable Trust or Estate Planning Consultation to discuss what estate planning is appropriate.

Are you the named executor of an Estate and you're already overwhelmed? Schedule a Probate consultation with us to learn more about the process and see if we are the right fit to help you through the probate process.