What is Probate? A Complete Beginner's Guide (2025)

When someone dies, their assets don't automatically transfer to heirs. In most cases, the estate must go through probate — a legal process that can take months and cost thousands of dollars. Here's everything you need to know about probate, explained in plain English.

What is Probate?

Probate is the court-supervised legal process of:

Validating the deceased person's will (or determining heirs if no will exists)
Appointing an executor (or administrator) to manage the estate
Identifying and inventorying all probate assets
Paying debts, taxes, and final expenses from estate funds
Distributing remaining assets to beneficiaries or heirs

The probate court provides oversight to ensure the estate is settled properly and that all parties (creditors, beneficiaries, and the government) receive what they're legally entitled to.

When is Probate Required?

Probate is typically required when the deceased person (called the "decedent") owned assets in their name only — meaning assets without:

01.Named beneficiaries
02.Joint ownership with right of survivorship
03.Transfer-on-death designations
04.Trust ownership

Assets That Go Through Probate

01.Real estate owned solely by the decedent
02.Bank accounts in the decedent's name only (no POD designation)
03.Investment accounts without transfer-on-death registration
04.Vehicles titled solely in the decedent's name
05.Personal property (jewelry, furniture, collectibles)
06.Business interests without buy-sell agreements

Get Your Free Probate Cost Estimate

Calculate probate fees for your specific state and estate value. Includes attorney fees, executor fees, court costs, and more.

Calculate Probate Costs

Frequently Asked Questions

What is probate in simple terms?

Probate is the legal process of settling a deceased person's estate under court supervision. It involves validating the will (if one exists), paying debts and taxes, and distributing remaining assets to beneficiaries. The probate court oversees the process to ensure everything is done correctly and legally.

How long does probate take?

Simple probate cases typically take 6-12 months from start to finish. Complex estates with disputes, multiple properties, or tax issues can take 2+ years. The timeline varies significantly by state - some states have faster procedures than others. Small estate procedures can be completed in 2-4 months.

Does every estate go through probate?

No. Estates below state-specific thresholds can use small estate affidavits (typically $10,000-$184,500 depending on state). Assets with named beneficiaries (life insurance, retirement accounts, POD/TOD accounts) bypass probate. Jointly-owned property with right of survivorship and assets in living trusts also avoid probate.

How much does probate cost?

Probate typically costs 3-7% of the estate's gross value. For a $500,000 estate, expect $15,000-$35,000 in total costs including attorney fees (largest expense), executor fees, court filing fees, appraisals, and other administrative costs. States like California and Florida have statutory fee schedules that set specific percentages.

Can you avoid probate?

Yes, through several strategies: living trusts (most comprehensive), beneficiary designations on accounts (POD/TOD), joint ownership with right of survivorship, transfer-on-death deeds for real estate, and small estate procedures for estates below state thresholds. Many people use a combination of these strategies.

Calculate Your Probate Costs

Get an instant estimate of probate fees for your state with our free calculator.

Use Free Calculator

Costs