Probate is the legal process a court uses to validate a deceased person's will, settle their debts, and distribute their remaining assets [1]. If someone dies without a will, the estate still goes through probate, but the court follows state intestacy laws instead.
What Happens During Probate
The typical probate process includes [2]: the executor files the will with the local probate court, the court confirms the will is valid and appoints the executor, the executor identifies and inventories assets, creditors are notified and debts are paid, remaining assets are distributed to beneficiaries, and the executor files a final accounting.
How Long Does It Take?
In straightforward cases, probate typically takes four to six months. Contested or complex estates can take a year or more [2].
How Much Does It Cost?
Probate costs vary by state but generally run 2% to 7% of the estate's value in court fees, attorney fees, and executor compensation [2].
Can You Avoid It?
Several tools bypass probate: revocable living trusts [3], beneficiary designations on retirement accounts and insurance, joint ownership with right of survivorship, and payable-on-death or transfer-on-death designations on bank and investment accounts.
For a deeper explanation, see our full guide: What Is Probate?
Related Terms
Executor: The person who manages the probate process. Intestate: Dying without a will (the estate still goes through probate).