Probate is the court-supervised process of settling a person's affairs after death. It sounds ominous, but at its core it is simply an orderly way to pay final debts and pass property to the people entitled to receive it.
Opening the estate
The process begins when someone, usually the person named as executor, files the will with the court and asks to be appointed. Once appointed, the executor has legal authority to gather assets, notify creditors, and act on behalf of the estate.
Paying debts and distributing assets
Before anyone inherits, valid debts and taxes must be paid. The executor inventories the estate, settles legitimate claims, and only then distributes what remains according to the will or, if there is no will, according to state law.
- Small estates may qualify for a simplified process that avoids full probate.
- Assets with named beneficiaries, like life insurance, usually pass outside probate entirely.
- A well-drafted trust can keep much of an estate out of the court process altogether.
The length of probate depends on the size of the estate and whether anyone contests the will. With good records and clear planning, many estates move through the process more smoothly than families expect.
