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
- Probate is the court process for distributing a dead person's assets and paying debts owed by the person who died. California Courts Self-Help, Wills and estates terms
- Probate includes asking the court to appoint a personal representative and to decide whether there is a valid will. Utah State Courts Self-Help, Probate
- Only property that does not pass automatically to a survivor must go through probate. Alaska Court System Self-Help, Probate background information
- Property that generally passes outside probate includes jointly owned property with right of survivorship, life insurance and retirement benefits with named beneficiaries, transfer-on-death property, and property held in a revocable trust. Alaska Court System Self-Help, Probate background information
- An estate may need to go through probate even if the person had a will. California Courts Self-Help, Probate
- If there is no will, state law determines who inherits. Utah State Courts Self-Help, Probate
- Many states have simpler procedures for small estates, such as a small estate affidavit; eligibility limits vary by state. Utah State Courts Self-Help, Probate
- Some states offer an informal probate process without a hearing, typically used when everyone agrees, and a formal process with a hearing when there is a dispute. Utah State Courts Self-Help, Probate
- A formal probate case generally has three parts: opening the case, administering the estate, and closing the estate. California Courts Self-Help, Formal probate
- Whoever finds an original will after a death must deliver it to the court. California Courts Self-Help, Probate
- The deceased person's debts are paid from the estate; if it can't cover them, they usually go unpaid. FTC, Debts and Deceased Relatives
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?
Does having a will avoid probate?
What is a personal representative?
How long does probate take?
Related
- Do I Need a Lawyer to Make a Will?
- How Much Does a Probate Lawyer Cost?
- How to Make a Will
- What Is a Durable Power of Attorney?
- What Is a Living Trust?
- What Is a Medical Power of Attorney?
- What Is a Power of Attorney?
- What Is a Quitclaim Deed?
- What Is an Executor?
- Will vs. Trust: What's the Difference?
- Wills, Estates & Deeds by state
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.