Definition
Probate is the legal process of administering a deceased person's estate, including proving the will, identifying heirs, paying debts, and distributing property. It's time-consuming, costly, and public.
Where you’ll meet it
Who can actually sell this house, and what has to happen first?
See it in Selling a home I inherited · Step 1About this term
Probate occurs when property is owned individually and passes through a will or intestacy laws. The process involves court supervision, creditor notification, tax filing, and property distribution according to the will or statute. Probate typically takes several months to years and requires attorney fees, court costs, and accounting expenses. Probate documents become public record. Many people use trusts or other mechanisms to avoid probate.
Pro Tip
Avoid probate through trusts, beneficiary deeds, or TOD deeds to save time, money, and privacy.
Example
A homeowner dies leaving a will; their estate goes through probate to transfer the home to named heirs.