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Probate 101
Probate is the court-supervised process of settling a person's estate after death: confirming the will (if there is one), appointing someone to manage the estate, paying valid debts and transferring what remains to the people entitled to it.
Inherited Property Associates is not a law firm and does not provide legal or tax advice.
Probate vs. non-probate assets
Not everything goes through probate. Assets with a named beneficiary (life insurance, many retirement accounts, payable-on-death accounts), property held jointly with right of survivorship, and assets in a living trust usually pass outside probate. Real estate titled only in the deceased person's name usually requires probate to transfer.
Who's involved
- Personal representative (executor) — manages the estate
- Probate attorney — guides the legal process
- Beneficiaries and heirs — receive the estate
- Creditors — may file claims for valid debts
- The probate court — supervises the process
With or without a will
If there's a valid will, the court generally follows it. If there isn't, state intestacy law decides who inherits — usually a spouse, children, then other relatives.
How long it takes
Simple estates may close within several months; estates with disputes, real estate in multiple states or tax issues can take a year or more.
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