Margaret was 72 when she passed away. She was a widowed mom with what she thought were “simple” assets: a house, a car, and a modest annuity. Because it seemed straightforward, she told her two adult children from different marriages, “I don’t need a will. You’ll figure it out.”
But when Margaret died, her children quickly learned the hard truth: probate without a will is rarely simple.
Scenario 1: The Reality of Probate Without a Will
Court Delays
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With no will naming an executor, the court had to appoint one — adding weeks of delay and legal filings.
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The house became part of the probate estate, which meant it couldn’t be sold or transferred until the court approved it.
Carrying Costs During Probate
While the house sat in limbo, bills still came due:
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Utilities: $250/month
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Insurance: $150/month
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Property taxes: $400/month
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Maintenance & repairs: $150/month
👉 Nearly $950/month, or over $11,000 in a year, just to maintain the property while probate without a will dragged on.
Probate Costs and Fees
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Court filings & notices: $1,200–$1,500
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Attorney fees: $8,000–$15,000 (even for modest estates)
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Appraisals, bonds, and misc.: $1,000–$2,000
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Total probate costs: $10,000–$18,000
Executor Time Burden
On average, executors spend over 570 hours handling estate settlement. Without a will to streamline the process, the workload feels like a second job for a year or more.
Emotional Fallout
Two siblings from different marriages had to agree on every decision. From paying bills to handling the car, every choice led to conflict. Probate without a will didn’t just cost money — it strained their relationship.
Scenario 2: A Will, a Trust, and Beneficiaries in Place
Now imagine Margaret had taken a few simple steps:
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A will naming her executor.
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A trust with the home deed updated to it.
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Updated beneficiary designations on her annuity and accounts.
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A transfer-on-death title for her car.
The Outcome
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The house transferred smoothly through the trust, avoiding probate. Carrying costs were limited to a month or two instead of a year.
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Beneficiaries received annuity funds directly, without court delays.
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Legal fees were reduced to $2,000–$3,000 instead of $10,000–$18,000.
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Her executor spent around 100–150 hours instead of 570+.
Most importantly, her children weren’t dragged into conflict. They could focus on honoring their mom instead of battling through probate.
Why Probate Without a Will Is So Costly
Margaret’s story shows that even the most “simple” estates can spiral into chaos when families face probate without a will. The hidden costs include:
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$15,000+ in legal and carrying costs
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400+ hours of avoidable paperwork and court delays
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Strained family relationships
By creating a will, using trusts where appropriate, and keeping beneficiaries up to date, families can avoid probate pitfalls and protect both their assets and their peace of mind.
If you’re not sure where your plan stands, our free 3-minute quiz can help. You’ll learn exactly which documents you actually need to keep your family out of probate without a will — and give them clarity instead of chaos.
