What Is Probate, and Will Your Family Need It?

Probate is one of those words everyone has heard and few people can define. Here it is in plain English, and more importantly, what it means for your family.

The short version

Probate is the legal process for transferring or inheriting property after the person who owned it has died. It runs through your state's courts, the court's name varies by state, and it typically involves validating the will, appointing the personal representative, and supervising how the estate is gathered, debts paid, and the rest distributed.

Is it always needed?

No. Plenty of property passes without formal probate: accounts and policies with a named beneficiary, property owned jointly with rights of survivorship, payable-on-death accounts, and anything held in a living trust. Many states also have simplified, faster procedures for smaller estates, with thresholds that differ state to state.

Whether your family needs full probate depends on what you own and how it is titled. Two identical families in different states, or with differently titled homes, can have completely different experiences.

What the process generally involves

Filing with the court, notifying people entitled to notice, building an inventory of assets, dealing with debts and final taxes, and distributing what remains with the court's oversight. It takes time, it generates paperwork, and it goes far more smoothly when the information is easy to find.

How to make it far easier in advance

Keep beneficiary designations current so those assets skip the process entirely. Make sure the will is properly done and findable. And leave one document that maps everything: accounts, policies, property, contacts, passwords locations, wishes. Probate is paperwork, and paperwork is fast when nothing has to be hunted down. That map is The Estate Organizer.

Common questions about probate

How long does it take, and what does it cost?

Both vary widely by state and by how complicated the estate is. Simple estates using simplified procedures can be quick; contested or messy ones can take much longer.

Should we use an attorney?

Many families handle simple transfers themselves using their state court's self-help resources, and bring in an attorney when there is real complexity, conflict or doubt. There is no prize for struggling alone.

Related guides

• What Happens If You Die Without a Will?
• Just Became an Executor? First Steps

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Educational content only. This is general information, not legal, financial or tax advice. Estate laws vary from state to state. Please speak to a qualified attorney or adviser about your situation.