All Laws Decoded

What Is Probate?

Probate is the court process for settling a person's estate after death: proving the will (if any), appointing a personal representative, paying debts, and distributing property. Property that passes automatically, such as joint property with survivorship, accounts with named beneficiaries, and trust property, generally skips probate. Small estates may qualify for a simpler process.

What the law says

How to file a complaint

Probate is started by filing a petition in the probate court of the county where the person lived. Your state court's self-help pages list the forms and whether a small estate or informal process is available. California Courts Self-Help, Formal probate

FAQ

Does every estate have to go through probate?
No. Property that passes automatically to a survivor or beneficiary skips probate, and many states have simplified processes for small estates.
Does having a will avoid probate?
No. A will tells the court your wishes, but the estate may still need probate.
What is a personal representative?
The executor or administrator the court appoints to manage the estate.
How long does probate take?
It varies by state and by estate. Alaska's courts say usually six months to a year, often longer; California's say formal probate typically takes 9 to 18 months.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.