Probate, step by step
Probate is the court process that settles an estate. Joint accounts, beneficiary accounts, life insurance and living trusts usually skip it, and many states have simpler small-estate steps. Otherwise, file with the probate court in the county where the person lived, with the original will and a death certificate. The court appoints an executor, who inventories assets, notifies creditors, pays debts and taxes from the estate, then distributes what’s left.
Your checklist
- See what skips probate
- File with the county probate court
- Get appointed as executor
- Inventory assets and notify creditors
- Pay debts and taxes from the estate
- Distribute and close the estate
Rather read it? Here’s the whole thing.
What probate is
The court process that confirms a will (if there is one), appoints someone to handle the estate, pays debts, and passes on what’s left.
What usually skips it
Joint accounts, accounts with a named beneficiary or “payable on death” person, life insurance, retirement accounts with beneficiaries, and living trusts. Many states also have a simpler process for small estates.
The steps
1. File with the probate court in the county where the person lived. Bring the original will and a death certificate. 2. Get appointed. The court names an executor (or administrator if there’s no will) and issues papers that let them act for the estate. 3. Notify and inventory. Tell heirs and creditors as your state requires, sometimes with a newspaper notice. List assets and debts. Open a separate estate bank account; the estate may need its own tax ID (EIN). 4. Pay final bills and taxes from the estate, including the person’s final income tax return. 5. Distribute what’s left to the people named in the will, or to relatives under state law if there’s no will. 6. Close the estate with the court.
How long
Often several months to over a year, longer if there are disputes or a house to sell.
Tips
Don’t mix estate money with your own. Keep receipts. Executors can usually be reimbursed for expenses and may be paid a fee.
Official sources, and where to look
- National Center for State Courtsncsc.org
- IRS: filing for a deceased personirs.gov
- FTC consumer advice: debts and deceased relativesconsumer.ftc.gov
[your county] probate court forms[your state] small estate affidavit limit
Common questions
Do I need a lawyer for probate?
Not always. Simple estates can sometimes be handled with court forms and self-help centers. A lawyer helps with disputes, debts, real estate or complex estates. More ›
What if there’s no will?
The court appoints an administrator, and state law decides who inherits, usually close family in a set order. More ›
How long does probate take?
Often several months to over a year. Simple estates move faster; disputes, real estate or tax issues slow things down. More ›
What is a small estate affidavit?
A simpler way, in many states, to collect property from a small estate without full probate. Each state sets its own dollar limit and rules. More ›
What does an executor do?
They collect and protect the assets, notify heirs and creditors, pay debts and taxes from the estate, distribute what’s left, and report to the court. More ›
Can an executor be paid?
Often yes. Many states allow a fee, and executors can usually be reimbursed for reasonable expenses. Keep receipts. More ›
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Not yet reviewed by an expert. Last checked 2026-10-29. This is general help, not legal, medical or professional advice. Rules are different in every state.