Probate is the legal process used to settle a person’s estate after death. It involves validating the will (if there is one), identifying and distributing assets, paying debts, and ensuring everything is handled according to state law.

• Not all estates go through probate: Small estates or assets with named beneficiaries (like life insurance or retirement accounts) often bypass probate entirely. Many states also offer simplified probate for lower-value estates.
• Having a will does not avoid probate: A will guides the probate process, but the estate still needs to go through court unless all assets are held in ways that avoid probate (like trusts or joint ownership).
• If there is no will, the estate is considered intestate: The court will appoint an administrator, and state law will determine who inherits the assets—often starting with spouses and children.
• The process can take months to over a year: Timelines vary by state and complexity. Delays often result from disputes, creditor claims, or difficulty valuing assets.
• The executor or administrator has legal responsibilities: They must locate assets, notify heirs and creditors, pay debts and taxes, and distribute property according to the will or state law.
• Probate can involve court fees and legal costs: These expenses are paid from the estate, and the total cost depends on the estate’s size, location, and whether attorneys are involved.
• Some assets automatically transfer outside probate: These include jointly owned property, payable-on-death (POD) accounts, transfer-on-death (TOD) assets, and anything held in a trust.
• Public records are part of the process: Because probate is a court proceeding, many details—including the will, asset values, and heir information—become part of the public record.
• Contested wills or disputes can complicate probate: If family members challenge the will or raise concerns about the executor, the process can become longer and more expensive.
• Planning ahead can help avoid or simplify probate: Tools like living trusts, updated beneficiary designations, and joint ownership can reduce the need for court involvement and streamline asset transfers.