32:["$","$L33",null,{"category":"$34","relatedArticles":[{"id":"cG9zdDoyNjQwODA=","databaseId":264080,"postId":264080,"author":{"node":{"id":"dXNlcjoz","databaseId":3,"userId":3,"avatar":{"url":"https://secure.gravatar.com/avatar/47938df052bf0a5283bd6b77ab786737?s=96&d=mm&r=g","size":96,"__typename":"Avatar"},"description":"SmartAsset employs a team of writers and editors with years of experience in the editorial, news and personal finance industries. Some staff members also hold the Certified Educator in Personal Finance (CEPF®) designation from the Institute for Financial Literacy.","additionalMeta":{"expertise":null,"__typename":"User_Additionalmeta"},"email":null,"firstName":"Michael","fullName":"SmartAsset Team","lastName":"Carvin","name":"SmartAsset Team","postCount":{"pageInfo":{"offsetPagination":{"total":1586,"__typename":"OffsetPaginationPageInfo"},"__typename":"UserToPostConnectionPageInfo"},"__typename":"UserToPostConnection"},"slug":"mcarvin","__typename":"User"},"__typename":"NodeWithAuthorToUserConnectionEdge"},"categories":{"nodes":[{"id":"dGVybToxOTUxNQ==","children":{"nodes":[],"__typename":"CategoryToCategoryConnection"},"databaseId":19515,"categoryId":19515,"link":"https://smartasset.com/inheritance/articles","name":"Inheritance","postCount":{"pageInfo":{"offsetPagination":{"total":70,"__typename":"OffsetPaginationPageInfo"},"__typename":"CategoryToPostConnectionPageInfo"},"__typename":"CategoryToPostConnection"},"slug":"inheritance","ancestors":{"nodes":[{"name":"Estate Planning","slug":"estate-planning","__typename":"Category"}],"__typename":"CategoryToAncestorsCategoryConnection"},"parent":{"node":{"name":"Estate Planning","id":"dGVybTo4MjYw","slug":"estate-planning","__typename":"Category"},"__typename":"CategoryToParentCategoryConnectionEdge"},"__typename":"Category"}],"__typename":"PostToCategoryConnection"},"content":"$35","date":"2024-10-02T14:26:40","excerpt":"

Probate can be a lengthy and complex process, leaving executors eager to find ways to expedite it. Familiarizing yourself with the legal procedures and documentation required to settle an estate efficiently is key to understanding how to speed up probate. A financial advisor can work with you to manage and distribute your estate. Here’s a […]

\n","featuredImage":{"id":"cG9zdDoyNjQwODI=","databaseId":264082,"altText":"An advisor explaining estate planning strategies to minimize or avoid probate.","date":"2024-10-02T14:19:55","fileSize":206868,"mimeType":"image/jpeg","modified":"2024-10-02T14:21:32","sourceUrl":"https://smartasset.com/wp-content/uploads/sites/2/2024/10/iStock-2154608762-4.jpg","__typename":"MediaItem"},"modified":{"datetime":"2024-10-2","readable":"October 2, 2024","readableExtended":"October 2, 2024, 2:26pm ET"},"multipleBylinesByRole":{"editedBy":{"id":"dXNlcjoxMTc=","databaseId":117,"userId":117,"avatar":{"url":"https://secure.gravatar.com/avatar/9fffe2eb35204e151b68731435d247c5?s=96&d=mm&r=g","size":96,"__typename":"Avatar"},"description":"Arturo Conde is a senior editor at SmartAsset. He has a master’s from the Graduate School of Journalism at Columbia University and a bachelor’s from the College of Arts and Science at New York University. As a certified educator in personal finance, he edits and writes content that focuses on retirement, investments, home buying and other financial topics.\r\n\r\nArturo is a bilingual native in English and Spanish, and also writes as a freelance journalist for NBC News, among other publications. His articles have been published in Fusion, Univision, City Limits, the NACLA Report on the Americas and WhoWhatWhy, as well as La Opinión A Coruña newspaper in Spain.","additionalMeta":{"expertise":"Financial Planning, Retirement Planning, Investment Planning, Tax Planning","__typename":"User_Additionalmeta"},"email":null,"firstName":"Arturo","fullName":"Arturo Conde, CEPF®","lastName":"Conde, CEPF®","name":"Arturo Conde, CEPF®","postCount":{"pageInfo":{"offsetPagination":{"total":38,"__typename":"OffsetPaginationPageInfo"},"__typename":"UserToPostConnectionPageInfo"},"__typename":"UserToPostConnection"},"slug":"aconde","__typename":"User"},"reviewedBy":null,"writtenBy":{"id":"dXNlcjoz","databaseId":3,"userId":3,"avatar":{"url":"https://secure.gravatar.com/avatar/47938df052bf0a5283bd6b77ab786737?s=96&d=mm&r=g","size":96,"__typename":"Avatar"},"description":"SmartAsset employs a team of writers and editors with years of experience in the editorial, news and personal finance industries. 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","

1. Gather All Necessary Documents

","

Executors trying to figure out how to speed up the probate process should begin with the paperwork and get a death certificate, access to the decedent’s will and any relevant financial documents, such as bank statements, property deeds and tax returns. Obtaining any outstanding bills or debts owed by the deceased is also important for accurate accounting during probate. Preparing well-organized records can prevent future requests from the probate court, which might otherwise slow down proceedings.

","

2. File a Small Estate Affidavit

","

If the value of an estate is under a certain limit, filing a small estate affidavit form can help bypass the probate court process to distribute assets faster to heirs. It’s important to check with local laws, as the specific requirements and asset limits vary by state. This is a speedy option when dealing with small estates.

","

3. Notify All Parties

","

Inform heirs, beneficiaries, creditors and other interested individuals as early as possible to reduce the risk of delays or disputes. Timely communication lets everyone prepare any necessary documents or address concerns, which keeps the process moving smoothly and prevents unnecessary legal back-and-forth.

","

4. File Taxes Promptly

","

Filing taxes promptly is another way to speed up the probate process. When someone passes away, their estate is typically required to file final income taxes and, in some cases, estate taxes. Delays in filing these tax forms may cause the probate process to stall, as the estate cannot be fully settled until the IRS has reviewed and approved the filings.

","

5. Avoid Possible Disputes

","

A smooth, conflict-free process is more likely to conclude probate in a timely manner. Disagreements between beneficiaries or other parties can cause significant delays, as legal battles often lead to court intervention. To minimize the chance of conflict, clear communication and well-structured estate planning are useful. Outlining specific wishes in a will and involving a trusted executor can help prevent misunderstandings.

","

6. Pay Off Debts

","

Unpaid debts often slow down probate, as the court will notify all creditors to ensure outstanding financial obligations are addressed by the estate. By settling debts early, you can help the estate move through probate more efficiently. This prevents delays from creditor claims or disputes and simplifies the final distribution of assets to beneficiaries, shortening the overall probate timeline.

","

7. Consolidate Assets

","

By gathering and organizing assets like bank accounts, investments and personal property in one location, the executor can quickly identify what needs to be distributed, avoiding delays from searching for missing or disorganized items. This also simplifies interactions with financial institutions, which reduces administrative hurdles and helps to speed up the probate process by finalizing the estate more efficiently.

","

8. Hire an Experienced Estate Attorney

","

Estate planning attorneys are well-versed in probate laws and procedures, enabling them to handle necessary paperwork quickly and without errors that could cause delays. They can also efficiently communicate with courts and other involved parties, reducing the chances of miscommunication or procedural setbacks. Additionally, an estate attorney can address potential issues, such as disputes over assets or creditor claims, before they slow down the probate timeline.

","

9. Avoid Probate Altogether

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One of the most effective ways to speed up probate is to avoid it entirely. Placing assets in a revocable living trust allows beneficiaries to access them without going through the probate process. Additionally, joint ownership with rights of survivorship allows property to pass directly to the co-owner upon death and bypass probate.

","

These accounts transfer directly to the beneficiaries, sidestepping probate. You can also grant an early inheritance through gifting, reducing the size of the estate and limiting the assets subject to probate.

","

Bottom Line

","

","

Taking steps to simplify probate can shorten the process and reduce the burden on executors and beneficiaries. Gathering documents, consolidating assets and settling debts early all help create a more efficient probate process. Estate planning strategies, like creating a living trust or setting up joint ownership can bypass probate, allowing assets to transfer directly to heirs. Preparing in advance and addressing potential delays helps make probate faster for everyone involved.

","

Tips for Estate Planning

","$42","

Photo credit: ©iStock.com/VioletaStoimenova, ©iStock.com/VioletaStoimenova

"],"experts":null,"link":"/inheritance/how-to-speed-up-probate","modifiedIso":"2024-10-02T14:26:40.000Z","published":{"datetime":"2024-10-2","readable":"October 2, 2024","readableExtended":"October 2, 2024, 2:26pm ET"},"publishedIso":"2024-10-02T14:26:40.000Z","shareInfo":{"title":"9 Ways to Speed Up the Probate Process","origin":"/estate-planning/how-to-speed-up-probate"},"isNewsArticle":true},{"id":"cG9zdDoyNzc2MTM=","databaseId":277613,"postId":277613,"author":{"node":{"id":"dXNlcjoz","databaseId":3,"userId":3,"avatar":{"url":"https://secure.gravatar.com/avatar/47938df052bf0a5283bd6b77ab786737?s=96&d=mm&r=g","size":96,"__typename":"Avatar"},"description":"SmartAsset employs a team of writers and editors with years of experience in the editorial, news and personal finance industries. Some staff members also hold the Certified Educator in Personal Finance (CEPF®) designation from the Institute for Financial Literacy.","additionalMeta":{"expertise":null,"__typename":"User_Additionalmeta"},"email":null,"firstName":"Michael","fullName":"SmartAsset Team","lastName":"Carvin","name":"SmartAsset Team","postCount":{"pageInfo":{"offsetPagination":{"total":1586,"__typename":"OffsetPaginationPageInfo"},"__typename":"UserToPostConnectionPageInfo"},"__typename":"UserToPostConnection"},"slug":"mcarvin","__typename":"User"},"__typename":"NodeWithAuthorToUserConnectionEdge"},"categories":{"nodes":[{"id":"dGVybToxOTUxNg==","children":{"nodes":[],"__typename":"CategoryToCategoryConnection"},"databaseId":19516,"categoryId":19516,"link":"https://smartasset.com/other-estate-planning/articles","name":"Other","postCount":{"pageInfo":{"offsetPagination":{"total":53,"__typename":"OffsetPaginationPageInfo"},"__typename":"CategoryToPostConnectionPageInfo"},"__typename":"CategoryToPostConnection"},"slug":"other-estate-planning","ancestors":{"nodes":[{"name":"Estate Planning","slug":"estate-planning","__typename":"Category"}],"__typename":"CategoryToAncestorsCategoryConnection"},"parent":{"node":{"name":"Estate Planning","id":"dGVybTo4MjYw","slug":"estate-planning","__typename":"Category"},"__typename":"CategoryToParentCategoryConnectionEdge"},"__typename":"Category"}],"__typename":"PostToCategoryConnection"},"content":"$43","date":"2025-02-19T18:45:13","excerpt":"

Owning property with a spouse in Pennsylvania comes with specific legal benefits, especially under tenancy by the entirety. This form of ownership is available only to married couples and offers protection from each spouse’s individual creditors. If you live in the Keystone State, knowing how tenancy by the entirety works is important for estate planning, […]

\n","featuredImage":{"id":"cG9zdDoyNzc2MTQ=","databaseId":277614,"altText":"A woman looking up how tenancy by the entirety works in Pennsylvania.","date":"2025-02-19T18:36:35","fileSize":212752,"mimeType":"image/jpeg","modified":"2025-02-19T18:38:47","sourceUrl":"https://smartasset.com/wp-content/uploads/sites/2/2025/02/iStock-1398831220.jpg","__typename":"MediaItem"},"modified":{"datetime":"2025-2-19","readable":"February 19, 2025","readableExtended":"February 19, 2025, 6:45pm ET"},"multipleBylinesByRole":{"editedBy":{"id":"dXNlcjoxMTc=","databaseId":117,"userId":117,"avatar":{"url":"https://secure.gravatar.com/avatar/9fffe2eb35204e151b68731435d247c5?s=96&d=mm&r=g","size":96,"__typename":"Avatar"},"description":"Arturo Conde is a senior editor at SmartAsset. He has a master’s from the Graduate School of Journalism at Columbia University and a bachelor’s from the College of Arts and Science at New York University. As a certified educator in personal finance, he edits and writes content that focuses on retirement, investments, home buying and other financial topics.\r\n\r\nArturo is a bilingual native in English and Spanish, and also writes as a freelance journalist for NBC News, among other publications. 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","

Working with a financial advisor can help you determine how tenancy by the entirety suits your estate planning and asset protection goals.

","

What Is Tenancy By the Entirety?

","

Tenancy by the entirety is a type of joint property ownership available only to married couples. This legal arrangement treats the couple as a single entity in terms of ownership, meaning both spouses share equal, undivided interest in the property.

","

This ownership model offers significant protections. For example, if one spouse accumulates personal debt, creditors usually cannot put a lien on the property unless both spouses are responsible for the debt. This protection is specific to tenancy by the entirety and is not available in other forms of joint ownership.

","

How Does Tenancy By the Entirety Work in Pennsylvania?

","

In Pennsylvania, tenancy by the entirety offers legal protections that shield spouses from each other’s individual financial liabilities and guarantee a smooth transfer of property ownership after one spouse’s death.

","

Right of survivorship: Upon the death of one spouse, the surviving spouse automatically becomes the sole owner of the property without needing to go through probate. This feature simplifies estate planning and maintains continuity of ownership.
Creditor protections: If one spouse accrues personal debt, creditors cannot force the sale of the property unless both spouses are jointly responsible for the debt. This makes tenancy by the entirety an attractive option for asset protection.
Equal ownership and consent: Neither spouse can sell, transfer, or encumber the property without the other’s agreement, giving both parties equal control over major property decisions.

","

Can Tenancy By the Entirety Be Terminated?

","

","

While tenancy by the entirety provides strong protections, it can be terminated under specific circumstances:

","$50","

What If You and Your Spouse Own a Business?

","

While this ownership structure is typically associated with real estate, it may also apply to certain business assets, offering financial protection and continuity in ownership. Three general examples are:

","

Asset protection: If a business is structured so that real estate holdings are owned under tenancy by the entirety, personal creditors of one spouse cannot seize the property to satisfy individual debts.
Business continuity: If one spouse passes away, the surviving spouse automatically inherits full ownership of the business property, providing continuity without the need to go through probate.
Limitations in business operations: One potential drawback is that both spouses must agree on major financial or business decisions regarding jointly owned assets. If one spouse wants to sell or restructure the business, they need the other’s consent.

","

Bottom Line

","

","

Married couples in Pennsylvania can use tenancy by entirety to protect their property. It requires the consent of both partners for any sale or transfer, provides creditor protection and allows ownership to pass to the surviving spouse without the need for probate. However, you should be aware of its limits, which restricts one spouse’s ability to act independently without the other, as well as restrictions on transferring or encumbering the property unless both parties agree.

","

Estate Planning Tips

","$51","

Photo credit: ©iStock.com/evgenyatamanenko, ©iStock.com/Pekic, ©iStock.com/milan2099

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Probate is the legal process of administering a deceased person’s estate, ensuring that their assets are distributed according to their will and that any debts are paid. If you’re in Rhode Island and preparing to go through the probate process, it’s important to understand both the steps involved and the costs that may be incurred. […]

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","

A financial advisor can provide valuable guidance during estate planning.

","

Understanding the Probate Process in Rhode Island

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The probate process in Rhode Island aims to properly distribute a deceased person’s assets to their heirs or beneficiaries and ensure any debts or taxes are paid. When someone dies, their estate must go through probate if they have assets that don’t pass directly to a beneficiary (such as life insurance proceeds or jointly owned property).

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In Rhode Island, the probate process typically begins when a will is submitted to the probate court in the jurisdiction where the deceased person lived. If there is no will, the estate will be distributed according to Rhode Island’s intestacy laws.

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The court appoints an executor or personal representative who must notify creditors and heirs, inventory the estate’s assets and file any necessary tax returns. The executor may also need to sell property or other assets to cover debts.

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Once all debts, taxes and court fees are settled, the remaining assets can be distributed according to the will (or state law, if no will exists). Rhode Island probate can take several months to over a year, depending on the complexity of the estate.

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Special Considerations for Probate in Rhode Island

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There are a few special considerations to keep in mind when dealing with probate in Rhode Island.

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Rhode Island offers a simplified probate process for small estates. If the total value of the estate is under $15,000, it may qualify for an expedited procedure, which can reduce the time and cost of probate. This is especially helpful for individuals with minimal assets or uncomplicated estates.

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Another consideration is that the executor or personal representative of the estate is entitled to a fee for their work. This fee is often a percentage of the estate’s total value and is paid from the estate’s assets. Executors can also choose to waive this fee if they prefer.

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How Much Does Probate Cost in Rhode Island?

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Probate costs in Rhode Island can vary widely based on the size and complexity of the estate. Here are some of the common costs associated with probate in Rhode Island:

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How to Avoid Probate

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While probate is often necessary, there are ways to avoid or minimize it in Rhode Island. Here are a few strategies.

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Establish a living trust: Assets in a living trust pass directly to your beneficiaries without going through probate, allowing for faster distribution and potentially lower costs.
Name beneficiaries: By designating beneficiaries for specific assets like life insurance policies, retirement accounts, and payable-on-death (POD) bank accounts, you can bypass the probate process.
Have joint ownership: If you own property jointly with someone else, like a spouse or partner, the property will typically pass directly to the surviving owner when you die without going through probate.

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Bottom Line

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In Rhode Island, probate costs may differ based on the estate’s size and complexity, with court fees, attorney fees, and other associated expenses adding to the overall amount. Familiarizing yourself with the probate process and exploring ways to avoid or streamline it can be beneficial. Whether you plan to avoid probate through trusts and beneficiary designations or are preparing for a full probate process, proper estate planning can make all the difference in protecting your legacy.

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Estate Planning Tips

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Unlike a will, a living trust does not go through probate, which can save time and reduce legal costs. This can help streamline the process of distributing assets to designated beneficiaries without delays or expenses. To use a living trust effectively as part of your estate plan you will need to understand how it works. […]

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How a Living Trust Works

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A living trust is a legal arrangement that allows you to manage assets during your lifetime and transfer them to beneficiaries upon death.

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The person who creates the trust, known as the grantor, transfers ownership of their assets into the trust and appoints a trustee to manage them. This trustee can be the grantor themselves or another trusted individual or institution.

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A major benefit of a living trust is the option to maintain control over your assets while you are alive. This would allow you to make changes or revoke the trust as your circumstances change. Then, after your passing, assets in the trust will be distributed according to the specific instructions outlined in the trust document.

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How a Living Trust Can Avoid Probate

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A trust bypasses probate because of its legal structure. When the grantor passes away, assets within the trust are directly transferred to the named beneficiaries by the successor trustee, avoiding the probate process. This approach not only conserves time and expenses but also keeps the estate’s details private, as the trust’s provisions aren’t part of public records, unlike a will.

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A living trust can be beneficial when you have complex family relationships, or when the estate has many properties across multiple states, as it can streamline the distribution of assets held in the trust and avoid several probate proceedings.

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However, to fully bypass probate, you must transfer all intended assets to the trust. Any assets not included in the trust will still be subject to probate.

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How to Create a Living Trust

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Here is an overview of the typical process for establishing a living trust:

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Bottom Line

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A living trust allows an estate to avoid probate, offering a streamlined way to manage and distribute assets after death. By transferring ownership of assets into a living trust, individuals can help their beneficiaries receive inheritance without the delays and costs associated with the probate process. This not only provides peace of mind but also maintains privacy, as the details of the trust do not become part of the public record.

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Estate Planning Tips

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