Probate

What is Probate?

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Probate is the legal process used to manage and transfer a person’s property after they die. The property they leave behind is called their estate. Probate may involve:

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• Proving whether a will is valid.

• Appointing someone to handle the estate (a personal representative or executor).

• Collecting and managing the deceased person’s assets.

• Paying debts and taxes.

• Distributing what’s left to heirs or beneficiaries.

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​Not every estate needs full court supervision. Some estates qualify for simpler transfer procedures, depending on the size and type of assets.

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Who Handles Probate?

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• If the person left a will, it usually names an executor to handle the estate.

• If there is no will, the court appoints a personal representative, usually a close relative. Priority generally goes in this order: surviving spouse or domestic partner → child → grandchild → parent → sibling.

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Key Legal Terms in Probate

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• Decedent: The person who has died.

• Estate: Everything the decedent owned at death.

• Intestate succession: The rules that decide who inherits when there is no will.

• Beneficiary: Someone named in a will, trust, or account (like life insurance) to receive property.

• Heir: Someone entitled to inherit under the law if there’s no will.

• Verification: A sworn statement that a legal document is true, made under penalty of perjury.

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Do You Always Need Probate?

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Not necessarily. You must first gather details about what the decedent owned and owed. Factors include:

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• Type of property (real estate vs. personal property, accounts with named beneficiaries, etc.).

• Value of the estate (small estates may qualify for simplified procedures).

• Whether assets were jointly owned or held in a trust.

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If full probate is needed, the court oversees the process to ensure debts are paid and property goes to the rightful heirs or beneficiaries.

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Image Credit: Courthouse