The Probate Process Explained Step by Step

Probate is the court-supervised process of proving a will, paying debts and distributing a deceased person's property. Some estates need it, and some can skip it or use a simplified procedure.

The usual steps

1. File the will and a petition with the probate court in the county where the person lived.
2. The court appoints an executor, or an administrator if there is no will.
3. The executor notifies heirs and creditors and inventories the assets.
4. Valid debts, taxes and expenses are paid from the estate.
5. The remaining property is distributed to the heirs named in the will or by state law.
6. The estate is closed.

What the executor does

The executor, also called a personal representative, collects assets, manages them, pays bills and keeps records. This role carries legal duties, and an executor can be personally liable for mistakes, so asking an attorney for guidance on a complicated estate is common.

Assets that often skip probate

• Accounts with a named beneficiary, such as life insurance and retirement accounts.
• Property held jointly with right of survivorship.
• Assets held in a living trust.
• Accounts set up as payable-on-death.

Timing and cost

Probate can take from several months to more than a year, and costs include court fees, attorney fees and other expenses. Many states offer simplified procedures for small estates, and the dollar threshold differs by state.

Frequently asked questions