FAQ: General Probate Questions
What is Probate?
How does the probate process work?
As a general rule, however, probate goes through a series of steps designed to validate the will, and ensure its instructions are followed, (if there is a will), pay debts of the estate, and distribute remaining assets to the intended beneficiaries and heirs.
Probate usually goes through the following steps:
- If there is a will, it is submitted to the probate court.
- A notice of Petition for Probate is published and a personal representative is appointed. The executor/administrator then files a formal petition with the court to probate the decedent’s estate.
- Creditors may make claims against the estate for a period of time.
- The personal representative identifies and gathers assets of the estate. These assets must be safeguarded and maintained.
- When necessary, assets are liquidated to pay valid claims against the estate.
- The personal representative files a final tax return.
- A final petition is filed with the court to explain expenses, assets received and disbursed, how funds were used, and which debts were paid.
- Once the petition is approved, assets are distributed to beneficiaries and heirs and the estate is settled.
When someone dies without a will, probate is a bit different. In this case, an administrator will be appointed by the court. The administrator performs the same tasks as a personal representative or executor to identify heirs, locate and value assets and debts, and distribute assets. Most states will make a spouse or domestic partner the administrator or adult children. The estate’s assets will be distributed according to the state’s intestate succession laws.
How long does probate usually take to complete?
However, probate can, on occasion, take 1-3 years or even longer. There are many factors that can affect the probate process. Probate may up to several years if any of these issues complicate probate:
- The state’s probate court process.
- Difficulty locating beneficiaries or heirs.
- The number of beneficiaries and where they live.
- A contest of the will by beneficiaries or heirs.
- Real estate and property that can’t be sold easily.
- Unsettled liens and claims against the estate.
- Failing to notify creditors during the claim period.
- A personal representative that fails to meet their legal obligations.
- The estate is large enough to owe estate taxes.
How is the probate process started?
If there is no will, an administration process is started instead. A petition must still be filed with the probate court to appoint an administrator for the estate.
Once this petition is filed, the court schedules a hearing to approve the appointed executive/administrator or listen to objections, if any. Notice of the hearing must be given to all beneficiaries and heirs of the decedent. Once an executive/administrator is approved, the probate case is opened with the court and the executive/administrator has the legal authority to act on behalf of the estate.
Why is probate required?
Probate may seem like little more than a time-consuming and expensive endeavor, but there are many important reasons it exists. The purpose of probate is to protect the assets in an estate and ensure they go to the right beneficiaries or heirs while also ensuring creditors and taxes are paid. Probate is also designed to make sure a will is valid and the decedent’s true wishes are followed.
Here are the most important things that probate accomplishes and why it’s required:
- Legally transfers title or ownership of property and assets to beneficiaries and heirs. This ensures beneficiaries receive clear title and no one can take out a mortgage or otherwise dispose of the property.
- Ensures taxes owed by the decedent and/or the estate are paid, including taxes that become due when property in the estate is transferred.
- Offers creditors an avenue for having debts paid. Probate creates a deadline for creditors to file claims. This protects beneficiaries and heirs from future claims and ensures debts are paid before assets are distributed to heirs and beneficiaries.
- Safeguards assets to make sure they go to the beneficiaries and heirs. Otherwise, property could be easily stolen or sold.
- Ensures property and assets are distributed to the right people or organizations according to the decedent’s wishes.
Probate can also avoid a variety of issues that may come up after someone dies. For example, it ensures beneficiaries are legally able to receive assets they should receive and makes sure that the will is valid.
Note that not all assets need to go through probate and probate isn’t necessary for all estates. This legal process can be avoided in many ways with different ownership and title options, for example, to directly pass property and assets to heirs and beneficiaries without court oversight.
How much does probate cost?
The cost of probate depends on many factors including:
- State law
- Local practices
- Complexity of the estate
- Whether a probate attorney is involved
- Whether the will is challenged
- Executor fees, if any
- The cost of the surety bond
As a general rule, probate can cost anywhere from 2% to 7% of the estate’s total value. The cost can be even higher with complex estates and especially if the will is contested.
Many of these fees are set and can’t be changed or negotiated. Costs can depend greatly on your state. In some states like California, statutory attorney fees are set as a percentage of the estate’s gross value, not the net value which is usually lower. Only the following states have percentage fees allowed by statute: Arkansas, California, Florida, Iowa, Missouri, Montana, and Wyoming. In other states, probate attorneys may charge a flat fee or by the hour.
With many professionals you will use, you may be able to negotiate a lower rate, however, even when the statute provides for a percentage fee.
If the estate is very small, is probate still required?
Probate isn’t required for many estates but it depends on both the value of the estate and the type of property. If the property in the estate is designed to pass to beneficiaries outside of probate, probate isn’t necessary.
Many states also have a simplified probate process for small estates or allow probate to be skipped entirely. In California, probate is required if the value of the estate exceeds $150,000. In Texas, probate isn’t required for estates valued at $50,000 or less. Each state has its own rules on when probate can be skipped; sometimes there is a dollar cap on the estate value and rules on what type of assets affect the estate’s value for probate purposes. For example, Georgia doesn’t require full probate if there is no will, no debts are owed, and heirs agree on how property will be distributed.
For small estates, there are two probate shortcuts that may be available:
- Claiming property with an affidavit. This may be an option if the value of all assets except real estate is below a certain amount.
- Simplified court procedure. Many states have a simpler version of their probate that still involves the probate court but with less control over how the estate is settled.
What happens during probate of an uncontested will?
The above process describing probate is the process when a will is uncontested. After the will is admitted to court, a hearing on the petition will be scheduled to give potential heirs and beneficiaries an opportunity to object. If no objections are received, the court appoints the personal representative. Depending on the state, a contest can still be filed until the estate is settled.
Where is probate handled?
Probate is handled by the probate court in the county and state in which the decedent lived as their primary residence at the time of death. Note that this refers to the decedent’s state of primary residence, not where they may have been living or vacationing when they passed away. Each state has its own name for its probate court. In many states, it’s simply called probate court but it may be called Surrogate’s Court (New York) or Superior Court, Probate Division (California).
Do I need a probate lawyer?
PRIVACY POLICY
Home Hatchers
Last updated: Feb. 17, 2026
Thank you for choosing to be part of our community at Home Hatchers (“Company”, “we”, “us”, “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at https://homehatchers.com/contact/.
When you visit our website https://homehatchers.com/ (the “Website”), and more generally, use any of our services (the “Services”, which include the Website), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
This privacy notice applies to all information collected through our Services (which, as described above, includes our Website), as well as any related services, sales, marketing, or events.
Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.
TABLE OF CONTENTS
- What Information Do We Collect?
- How Do We Use Your Information?
- Will Your Information Be Shared with Anyone?
- Do We Use Cookies and Other Tracking Technologies?
- Do We Use Google Maps?
- How Long Do We Keep Your Information?
- How Do We Keep Your Information Safe?
- What Are Your Privacy Rights?
- Controls for Do-Not-Track Features
- Do California Residents Have Specific Privacy Rights?
- Do We Make Updates to This Notice?
- How Can You Contact Us About This Notice?
- How Can You Review, Update, or Delete the Data We Collect from You?
- Website Maintenance
- SMS Terms and Conditions
1. WHAT INFORMATION DO WE COLLECT?
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website, or otherwise when you contact us.
Personal Information Provided by You. We collect names; phone numbers; email addresses; mailing addresses; and other similar information.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
Information Automatically Collected
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Website.
We automatically collect certain information when you visit, use, or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website, and other technical information. This information is primarily needed to maintain the security and operation of our Website and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies. The information we collect includes:
- Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Website and which we record in log files. This log data may include your IP address, device information, browser type and settings, and information about your activity on the Website (such as date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take).
- Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Website. This may include your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
- Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note, however, if you choose to opt out, you may not be able to use certain aspects of the Services.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We use the information we collect or receive:
- To facilitate account creation and logon process.
- To post testimonials. We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial.
- Request feedback. We may use your information to request feedback and to contact you about your use of our Website.
- To enable user-to-user communications.
- To manage user accounts.
- To send administrative information to you. We may use your personal information to send you product, service, and new feature information and/or information about changes to our terms, conditions, and policies.
- To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure.
- To enforce our terms, conditions, and policies for business purposes, to comply with legal and regulatory requirements, or in connection with our contract.
- To respond to legal requests and prevent harm.
- Fulfill and manage your inquiries. We may use your information to fulfill and manage your inquiries, payments, returns, and exchanges made through the Website.
- Administer prize draws and competitions.
- To deliver and facilitate delivery of services to the user.
- To respond to user inquiries/offer support to users.
- To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time (see “What Are Your Privacy Rights” below).
- Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising tailored to your interests and/or location and to measure its effectiveness.
- For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Website, products, marketing, and your experience. We will not use identifiable personal information without your consent.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share your data that we hold based on the following legal basis:
- Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
- Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
- Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process.
- Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.
SMS opt-in and Phone Numbers collected for SMS communication purposes will NOT be shared with third parties and affiliates for marketing purposes.
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.
5. DO WE USE GOOGLE MAPS?
In Short: Yes, we use Google Maps for the purpose of providing better service.
This Website uses Google Maps APIs which is subject to Google’s Terms of Service. To learn more, please view Google Maps APIs Terms of Service or Google’s Privacy Policy.
6. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 1 year.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.
8. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
Cookies and similar technologies: Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt out of interest-based advertising by advertisers on our Website, visit http://www.aboutads.info/choices/.
9. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
CCPA Privacy Notice
The California Code of Regulations defines a “resident” as: (1) every individual who is in the State of California for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose. All other individuals are defined as “non-residents.”
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
| Category | Examples | Collected |
| Identifiers | Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name | YES |
| Personal information (CA Customer Records) | Name, contact information, education, employment, employment history, and financial information | YES |
| Protected classification characteristics | Gender and date of birth | NO |
| Commercial information | Transaction information, purchase history, financial details, and payment information | YES |
| Biometric information | Fingerprints and voiceprints | NO |
| Internet or similar network activity | Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements | YES |
| Geolocation data | Device location | NO |
| Audio, electronic, visual, thermal, olfactory, or similar information | Images and audio, video, or call recordings created in connection with our business activities | NO |
| Professional or employment-related information | Business contact details, job title, work history, and professional qualifications | NO |
| Education information | Student records and directory information | NO |
| Inferences drawn from other personal information | Inferences drawn from any of the collected personal information listed above to create a profile or summary about an individual’s preferences and characteristics | YES |
How do we use and share your personal information?
More information about our data collection and sharing practices can be found in this privacy notice. You may contact us by visiting https://homehatchers.com/contact/, or by referring to the contact details at the bottom of this document.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal data.
Home Hatchers has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. Home Hatchers will not sell personal information in the future belonging to website visitors, users, and other consumers.
Your rights with respect to your personal data
Right to request deletion of the data — You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law.
Right to be informed — Depending on the circumstances, you have a right to know: whether we collect and use your personal information; the categories of personal information that we collect; the purposes for which the collected personal information is used; whether we sell your personal information to third parties; the categories of personal information that we sold or disclosed for a business purpose; the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and the business or commercial purpose for collecting or selling personal information.
Right to Non-Discrimination — We will not discriminate against you if you exercise your privacy rights.
Verification process — Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. We will only use personal information provided in your request to verify your identity or authority to make the request.
To exercise these rights, you can contact us by visiting https://homehatchers.com/contact/, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.
11. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may contact us:
Home Hatchers
Email: pawel@homehatchers.com
13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form through email or contacting us on the website. We will respond to your request within 30 days.
14. WEBSITE MAINTENANCE
This website has been created and is overseen by UPLC / MTI Education. MTI Education specializes in website design, Storybrand marketing, and Search Engine Optimization (SEO) marketing. If you have any comments about this website, please contact MTI Education directly through their website.
15. SMS TERMS AND CONDITIONS
Consent to Receive Text Messages
You are not required to consent to receiving text messages from Homehatchers. By providing your phone number and opting in, you consent to receive text messages from Homehatchers regarding your inquiry, our services, or related legal matters. Message and data rates may apply. You can opt out of receiving text messages at any time by replying “STOP” to any text message you receive from us. Please note that opting out may limit our ability to communicate with you regarding your case or services.
Information Sharing and Disclosure
We do not sell or rent your personal information to third parties. We do not sell, rent, release, or transfer your SMS consent or phone number to any third party for any third party marketing purposes. We may share your information in the following circumstances:
Service Providers: We may share your information with our service providers who perform services on our behalf, such as marketing, customer services, or technical support. These service providers are contractually obligated to protect your information and use it only for services they provide.
Legal Requirements: We may disclose your information if required by law, regulation, or legal process, or if we believe disclosure is necessary to protect our rights, property, or the safety of our users or others.
Data Security
We implement reasonable security measures to protect your personal information from unauthorized access, use, disclosure, alteration, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
Your Rights and Choices
Opting Out: You may opt out of receiving marketing communications from us by following the instructions in those communications or contacting us directly. If you opt out, we may still send you non-promotional communications related to your legal services or our ongoing business relationship.
Access and Update Information: You have the right to access, update, or correct your personal information. To do so, please contact us using the information provided below.
Third-Party Websites
Our Website may contain links to third-party websites. We are not responsible for the privacy practices or content of these third-party sites. We encourage you to review the privacy policies of any third-party websites you visit.
Children’s Privacy
Our website is not intended for children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have inadvertently collected personal information from a child under 13, we will take steps to delete such information.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time. Any changes will be posted on this page with an updated “Last Updated” date. We encourage you to review this Privacy Policy periodically for any updates.
Contact Us
If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at:
Homehatchers
525 NJ-73, Marlton, NJ 08053
(908)-304-9296
Terms and Conditions
1. Introduction
Welcome to Homehatchers. By accessing or using our services, including receiving SMS communications, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with these terms, please do not engage with our services.
2. Consent for SMS Communication
By providing your consent to receive SMS communications, you acknowledge and agree to receive text messages from Homehatchers at the phone number you provide. Information obtained as part of the SMS consent process will not be shared with third parties.
3. Types of SMS Communications
If you have consented to receive text messages, you may receive SMS communications related to the following:
Customers: Updates regarding your appointments, requests, and inquiries.
4. Standard Messaging Disclosures
Message Frequency: Frequency of messages may vary depending on your interactions with us.
Standard messaging rates will be charged by your mobile service provider.
You can opt-out of receiving SMS messages at any time by texting "STOP" to the number from which you received the message.
For assistance, text "HELP" to any text message or contact us directly at (908)-304-9296, you can email us at acquisitions@homehatchers.com or visit our Privacy Policy