probated

Probated is an adjective describing a will or an estate that has undergone probate, the judicial process by which a deceased person’s will is validated and an estate is administered. In probate, a court oversees the collection of assets, payment of debts, and distribution of remaining property to beneficiaries in accordance with the will or applicable law.

The probate process typically begins when a court accepts the will for probate and appoints an executor (or administrator if there is no will). The court may issue letters testamentary (or letters of administration) authorizing the executor to act. The process involves validating the will, notifying heirs and creditors, inventorying and valuing assets, paying debts and taxes, and distributing assets to beneficiaries. A final accounting and closing of the estate conclude probate.

Not all assets pass through probate. Probate applies to assets titled in the decedent’s name without a designated beneficiary, such as certain real estate, bank accounts, and investments. Property held in joint tenancy, accounts with named beneficiaries, and assets placed in a trust generally pass outside probate.

Probate can be time-consuming and costly, and disputes with creditors or heirs can arise. Many individuals seek to minimize probate through estate planning techniques such as trusts, beneficiary designations, or careful titling of assets, or by using simplified small-estate procedures where available. Probate laws and procedures vary by jurisdiction.