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An introduction to probate

Probate · 2 min readDraft edited

Probate is the legal process of settling a deceased person's estate. If you've been named executor, this guide explains what to expect and how to navigate the process.

What Is Probate?

Probate is a court-supervised process that:

  • Validates the deceased person's will
  • Identifies and inventories assets
  • Pays outstanding debts and taxes
  • Distributes remaining assets to beneficiaries

When Is Probate Required?

Not every estate needs to go through probate. Generally, probate is required when:

  • The deceased owned property solely in their name
  • There is no living trust that covers the assets
  • Assets exceed your state's small estate threshold

Assets that typically skip probate include:

  • Jointly owned property (passes to surviving owner)
  • Accounts with named beneficiaries (life insurance, retirement accounts)
  • Assets in a living trust

The Probate Timeline

While every state is different, here's a general timeline:

| Phase | Timeline | |-------|----------| | Filing the will | 1-4 weeks after death | | Appointing executor | 2-6 weeks | | Inventory of assets | 2-3 months | | Creditor notification period | 3-6 months | | Paying debts and taxes | 4-9 months | | Final distribution | 6-12 months | | Total | 6-18 months |

Steps for the Executor

  1. File the will with your local probate court
  2. Petition for appointment as executor/personal representative
  3. Notify creditors and publish notice as required
  4. Inventory all assets and get appraisals where needed
  5. Pay debts and taxes, including filing final income tax returns
  6. Distribute assets according to the will
  7. File a final accounting with the court
  8. Close the estate

Do You Need a Probate Attorney?

While executors can technically handle probate themselves, most benefit from professional help. A probate attorney can:

  • Navigate court procedures and deadlines
  • Handle disputes among beneficiaries
  • Ensure tax obligations are met
  • Manage creditor claims
  • Protect you from personal liability

Find a probate attorney near you on Greatway.

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