Quick answer: Probate is the court-supervised process of legally transferring a deceased person's property to the people entitled to it. It typically means proving the will if there is one, appointing someone to run the estate, listing the assets, paying debts and taxes, and distributing what is left. It applies to property titled in the deceased's name alone, and each state sets its own forms, deadlines and shortcuts.
On this page:
- What probate is (and what it is not)
- Who does what
- The steps, from first filing to closing
- Simple, formal or supervised: not every probate looks the same
- With a will or without one
- Cost, time and privacy
- When probate can be shorter or skipped
- Where to go from here
What probate is (and what it is not)
Probate is the court-supervised process of legally transferring a person's property after death to the people entitled to receive it. Legal references describe two layers: the court confirming that a will is valid, and the wider proceedings that supervise the estate while assets are collected, debts and taxes are paid, and what is left goes to heirs or beneficiaries.
Probate only reaches the probate estate: property titled in the deceased's name alone, with no joint owner or beneficiary attached. Life insurance, retirement accounts, jointly owned property with survivorship rights and assets held in a living trust pass on their own. Our guide on which assets go through probate explains where that line falls.
Nor does probate work the same way everywhere. Probate courts operate under state law, so forms, deadlines, fees and shortcuts differ. What follows is the common pattern, not any one state's rulebook.
Who does what
- The personal representative. The person who runs the estate. A court-hosted guide explains that the role is called executor when named in the will and administrator when the court appoints someone for a person who died without one, and that the two words are sometimes used interchangeably. The court issues a document, usually called letters, that proves the representative's authority to banks and others. The representative is a fiduciary, which means acting for the benefit of the heirs and beneficiaries. See what an executor does for the full job.
- The court. It admits the will, appoints the representative and, depending on the type of probate, oversees more or less of what follows.
- Heirs and beneficiaries. Beneficiaries receive what the will gives them. If there is no will, heirs receive under the state's intestacy rules.
- Creditors. They are notified and usually get a limited window to file claims against the estate.
- Tax authorities. The representative may need an employer identification number for the estate, must tell the IRS about the appointment with Form 56, and files the final personal income tax return and the estate's own income tax return, as IRS Publication 559 explains. A federal estate tax return is required only above a filing threshold, and the IRS notes that most relatively simple estates do not need to file.
The steps, from first filing to closing
Court guides for personal representatives break a full probate into a dozen or so filings. They fall into seven stages:
- File the will. Whoever holds the original will is expected to file it with the court or hand it to the named personal representative, and some states set a short deadline for doing so.
- Ask the court to open the estate and appoint the representative. A petition or application asks the court to admit the will, if there is one, and to appoint the personal representative. The person the will names generally has first preference. Without a will, state law sets an order of priority that typically starts with the spouse or children. The representative may have to take an oath and, in some cases, post a bond before the court issues the letters.
- Give notice. Heirs and beneficiaries are told about the proceeding, and the notice to creditors starts the clock for filing claims.
- Collect and inventory the assets. The representative gathers the estate's property, lists it in an inventory and, often, has it appraised. The inventory goes to the court, the interested parties, or both, depending on the state.
- Pay what the estate owes. Creditor claims are accepted or rejected. Funeral costs, administration expenses, debts and taxes are paid, in an order of priority set by state law when the estate cannot cover everything.
- Distribute what is left. Only after debts and taxes are settled do assets go to the people named in the will or, without a will, to the heirs under state law. Depending on the type of probate, the court may review a final report and accounting first.
- Close the estate. Once everything is paid and distributed, the representative files the closing paperwork: a closing statement in some courts, a petition for discharge in others. Once that is done, or the court enters its final order, probate is closed.
Every step has state-specific deadlines, forms and fees. The Probate Timeline Calculator shows the schedule for your state, and our guide on how long probate takes covers what stretches it.
Simple, formal or supervised: not every probate looks the same
Many states offer more than one way to run probate. Court guides describe three broad tracks:
- Informal (unsupervised). Alaska's court system describes informal probate as a process that lets the representative transfer property with minimal court supervision, usually without hearings, and calls it the most common type when probate is needed. A Minnesota court guide adds that it is meant for estates without uncertainties, legal disputes or complex administrative requirements, and that the court can decline an informal application and require a formal one.
- Formal. The process starts with a petition, interested parties receive notice of a hearing, and a judge's order admits the will, determines the heirs and appoints the representative. After that, administration can continue without supervision.
- Supervised administration. The court stays involved throughout. A supervised representative generally may not make distributions without a court order and has more filings to serve on interested persons. It is not granted automatically.
Which track applies depends on state law, on whether anyone disputes the will, and on how complicated the estate is. Even in an informal case, the representative is personally responsible for handling the estate correctly, which is why many hire an attorney.
With a will or without one
With a will. The court first needs to be satisfied that the will is genuine and properly signed. A will drafted as "self-proving," with a sworn statement from its witnesses, generally needs no further proof. Even after a will is admitted, an interested person can usually challenge it within a set time.
Without a will. The court appoints an administrator and the estate passes to the heirs under the state's intestacy rules. Typically the spouse and children receive most of it, though other relatives can be heirs depending on the family. Our guide on dying without a will covers that path.
Having a will does not avoid probate: it tells the court who should receive the property that goes through it. What assets go through probate explains why.
Cost, time and privacy
- Cost. Expect filing fees, fees for the personal representative and the attorney, and the cost of selling or managing property. How they are set varies widely by state. The Probate Cost Calculator estimates the total for your state, the Executor Fee Calculator covers what the representative can be paid, and how much probate costs explains what drives the number.
- Time. A court-hosted guide describes a full probate as taking a large part of a year, and longer when there are disputes. Simpler procedures can be faster.
- Privacy. Probate proceedings are generally public records, unless a court seals the filings for good cause.
When probate can be shorter or skipped
Full probate is not always necessary. Property with a beneficiary or a surviving co-owner passes outside it, and many states let a survivor collect the property of a smaller estate with an affidavit instead. Which route applies depends on the state and on how the assets are titled. Our guide on when probate is required walks through the decision, the small estate affidavit checker shows whether an estate qualifies, and ways to keep assets out of probate covers planning ahead.
Where to go from here
- If you have been named executor: read what an executor does. Court guides note that hiring an attorney is often worthwhile, especially for larger estates.
- If you are budgeting for probate: start with the probate cost calculator.
- If you are planning ahead: compare probate and a living trust.
You can also browse all our probate calculators, and see our methodology for how we verify what we publish.