What Is Probate? A Plain-Language Guide

Disclaimer: This is educational information, not legal advice. Every situation is unique. Consult with a qualified estate planning attorney before making decisions.

The Quick Answer

Probate is the legal process a court uses to validate a will, pay the deceased person's debts, and distribute their remaining assets to the right people [1]. It's not a punishment and it's not always a problem, but depending on your state, it can be slow, expensive, and public.

How Probate Works

When someone dies with a will, the process generally goes like this [2]:

The executor named in the will files the will with the local probate court. The court confirms the will is valid and formally appoints the executor. The executor identifies and inventories the deceased person's assets. Creditors are notified and given a window to file claims against the estate. Debts and taxes are paid from estate assets. The remaining assets are distributed to the beneficiaries named in the will. The executor files a final accounting with the court, and the estate is closed.

This process is supervised by a judge, which is why it takes time. In straightforward cases, probate might take four to six months. In complicated or contested cases, it can stretch well beyond a year [2].

What Happens Without a Will

If someone dies without a will (called dying "intestate") the estate still goes through probate, but the court follows your state's intestacy laws to decide who gets what [5]. These laws follow a statutory priority list: typically spouse first, then children, then parents, then siblings, and so on.

The result may not match what the person would have chosen. And without a named executor, the court appoints an administrator, which can add time and cost.

How Much Does Probate Cost?

Probate costs vary widely by state, but they typically include court filing fees, attorney fees, executor compensation, and appraisal costs. Estimates generally range from 2% to 7% of the estate's total value [2]. For a $500,000 estate, that could mean $10,000 to $35,000 in fees.

Some states have simplified probate procedures for smaller estates, which can significantly reduce both time and cost.

Is Probate Really That Bad?

It depends on where you live and how large the estate is. In some states, probate is relatively streamlined: a few months, modest fees, minimal hassle. In others (California and New York are often cited), the process is more burdensome.

Probate also makes everything public record. Anyone can look up a probated will to see what someone owned and who inherited it. For people who value privacy, this matters.

How to Avoid Probate

Several estate planning tools bypass probate entirely:

Revocable living trust. Assets held in a trust pass to beneficiaries without going through probate [4]. This is the most common probate-avoidance strategy for people with significant assets.

Beneficiary designations. Retirement accounts (401(k), IRA) and life insurance policies transfer directly to the named beneficiary, outside of probate.

Joint ownership. Property owned as "joint tenants with right of survivorship" passes automatically to the surviving owner.

Payable-on-death and transfer-on-death designations. Some bank accounts and investment accounts allow you to name a beneficiary who receives the asset directly.

Should You Try to Avoid Probate?

Not necessarily. If you're in a state with simple probate procedures, have a modest estate, and don't mind the public record aspect, a well-drafted will that goes through probate may be perfectly fine [3].

Probate avoidance typically makes more financial sense when the estate is large, the person owns property in multiple states (which can trigger probate in each state), or privacy is a priority.

The Bottom Line

Probate isn't a villain. It's a process. Understanding what it is and what it costs in your state helps you make an informed decision about whether avoiding it is worth the additional expense of a trust.