What Is Probate?

When someone dies, probate is the court-supervised process of settling their estate. If they left a valid will, the court validates it (admits it to probate), appoints the named executor, and oversees the process. If there's no will (intestate), the court appoints an administrator and distributes assets according to state intestacy laws — which may not align with what the deceased would have wanted. The probate process typically involves: (1) filing the will and death certificate with the probate court; (2) notifying creditors and beneficiaries; (3) inventorying and appraising all assets; (4) paying debts, taxes, and administrative expenses; and (5) distributing remaining assets to beneficiaries. Probate timelines range from 6 months to 2+ years depending on estate complexity, creditor claims, and whether anyone contests the will. Probate is public record — anyone can look up the assets, debts, and beneficiaries. Many assets bypass probate entirely: jointly held property, accounts with beneficiary designations (life insurance, IRAs, 401(k)s), assets in a living trust, and payable-on-death accounts. This is why estate planners often recommend trusts for privacy and speed.

Probate can be time-consuming, expensive (court fees + attorney fees typically total 3–7% of the estate), and emotionally draining for families — especially if the will is contested or if there's no will at all. Proper estate planning with an attorney can minimize or avoid probate entirely through trusts, beneficiary designations, and joint ownership structures. If you're already facing probate as an executor or heir, an estate attorney can guide you through your legal obligations and protect you from personal liability.