Probate

Probate is the legal process through which a deceased person's estate is administered and their will, if any, is validated. In common law jurisdictions, probate is conducted in a probate or surrogate’s court. If the deceased left a valid will, the court appoints an executor or personal representative to oversee the estate. If there was no will, the court appoints an administrator to distribute assets according to law.

Typical steps include filing the will and death certificate with the court, proving the will's validity, appointing the executor, identifying and inventorying assets, notifying creditors and paying debts, taxes, and administration expenses, and finally distributing remaining assets to beneficiaries and closing the estate.

Assets that pass outside probate include property held in joint tenancy with right of survivorship, payable-on-death accounts, life insurance proceeds designated to a beneficiary, retirement accounts with designated beneficiaries, and assets held in certain trusts.

The duration and cost of probate vary widely depending on jurisdiction, estate size, and whether disputes arise. Small estates may qualify for streamlined procedures. Fees may include court costs, executor or administrator fees, and attorney charges; taxes may be due on the estate.

Rules differ by country and state. Some places allow simplified procedures for small estates or exclude real estate or assets held in trusts from probate. Probate can be lengthy and public; many individuals plan to avoid it through trusts or beneficiary designations.