# 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. - URL: https://explained.page/probate-step-by-step - Language: en - Last checked: 2026-10-29 - Watch the 1-minute animated guide: https://explained.page/watch?start=probate-step-by-step ## Step by step 1. **What is probate?** It’s the court process that settles someone’s estate after they die: confirming the will, paying debts, and passing on what’s left. 2. **Not everything goes through probate.** Joint accounts, accounts with a named beneficiary, life insurance and living trusts usually pass directly. Many states also have a simpler process for small estates. 3. **File with the probate court.** Usually in the county where the person lived. Bring the original will, if there is one, and a death certificate. 4. **The court appoints an executor.** The executor (or administrator if there’s no will) gets court papers, often called letters, that let them act for the estate with banks and others. 5. **List what they owned and owed.** Notify heirs and creditors as your state requires, often including a notice in a newspaper. Open a separate estate bank account. 6. **Pay debts and taxes from the estate.** Final bills and taxes, including a final income tax return, are paid from the estate’s money, not the family’s own pockets. 7. **Then distribute and close the estate.** What’s left goes to the people named in the will, or to relatives under state law if there’s no will. Probate often takes several months to over a year. 8. **Look it up the right way.** Search with your town or state in the words. Pick the official site: it usually ends in .gov. Skip ads and sites that charge for free forms. ## 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 ## 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. ## 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. Source page: https://explained.page/probate-step-by-step/questions/do-i-need-a-lawyer-for-probate ### What if there’s no will? The court appoints an administrator, and state law decides who inherits, usually close family in a set order. Source page: https://explained.page/probate-step-by-step/questions/what-if-theres-no-will ### 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. Source page: https://explained.page/probate-step-by-step/questions/how-long-does-probate-take ### 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. Source page: https://explained.page/probate-step-by-step/questions/what-is-a-small-estate-affidavit ### 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. Source page: https://explained.page/probate-step-by-step/questions/what-does-an-executor-do ### Can an executor be paid? Often yes. Many states allow a fee, and executors can usually be reimbursed for reasonable expenses. Keep receipts. Source page: https://explained.page/probate-step-by-step/questions/can-an-executor-be-paid ### How much does probate cost? Court fees, plus possible lawyer, appraisal and publication costs. It varies widely by state and how complex the estate is. Source page: https://explained.page/probate-step-by-step/questions/how-much-does-probate-cost ### Can I sell a house during probate? Usually yes, with the executor’s authority and sometimes court approval, depending on your state. Source page: https://explained.page/probate-step-by-step/questions/can-i-sell-a-house-during-probate ## Official sources - [National Center for State Courts](https://www.ncsc.org/) - [IRS: filing for a deceased person](https://www.irs.gov/) - [FTC consumer advice: debts and deceased relatives](https://consumer.ftc.gov/) To find your local office, search for: - "[your county] probate court forms" - "[your state] small estate affidavit limit" --- General information, not legal or professional advice. Rules differ by state. From explained.page (www.explained.page). Life’s stuff, explained simply.