What Is Probate?

Probate is the legal process through which a deceased person's estate is administered and distributed under court supervision. When someone dies, a court validates their will, appoints an executor to manage the estate, settles outstanding debts and taxes, and transfers the remaining assets to beneficiaries.

Most people encounter probate for the first time when a family member dies and discover that assets cannot simply be transferred to the heirs — they must go through a court process first. The experience is often slower, more expensive, and more public than families expect.

How the Probate Process Works

Filing the petition. The executor files a petition with the probate court in the county where the deceased lived. If there is no will, a family member petitions to be appointed administrator.

Notifying creditors. The estate must give notice to creditors, typically by publishing a notice in a local newspaper. Creditors then have a window — usually 3-6 months — to submit claims.

Inventorying assets. The executor identifies and values all assets subject to probate — bank accounts, real estate, vehicles, and investments held in the deceased's name alone.

Paying debts and taxes. Before any assets are distributed, the estate must pay valid creditor claims, outstanding bills, funeral expenses, and any estate taxes owed.

Distributing assets. After debts are paid, the remaining assets are distributed to beneficiaries according to the will, or to heirs under state intestacy laws if there is no will.

Closing the estate. The executor files a final accounting with the court showing all income, expenses, and distributions.

How Long Does Probate Take

A straightforward probate typically takes 9-18 months. Complex estates can take 2-5 years. The mandatory creditor notice period alone often accounts for 3-6 months of the timeline.

How Much Does Probate Cost

Probate costs typically total 3-8% of the gross estate value — including court filing fees, executor fees, attorney fees, and appraisal costs. For a $1 million estate, probate costs of $30,000-$80,000 are common.

Is Probate Always Required

No. Assets that pass outside the estate avoid probate entirely. These include assets held in a living trust, assets with named beneficiaries — life insurance, retirement accounts, payable-on-death accounts — and assets held in joint tenancy. Proper estate planning can structure an estate so that most or all assets avoid probate.