What is Probate?

It’s a term we hear a lot but do we know exactly what it means?

Probate is the court-supervised process of settling someone’s estate after they pass away — validating the will, paying off debts, and distributing what’s left to loved ones. It can take months (sometimes years) and often comes with legal fees that quietly shrink what family members inherit.

What happens if a loved one passes away without a will?

State law decides who inherits — not the deceased’s wishes. Each state has its own intestate succession laws, typically prioritizing spouse, children, then more distant relatives.

Probate court still gets involved — actually often more involved than with a will, since there’s no named executor or clear instructions. The court appoints an “administrator” (instead of an executor) to manage the estate.

It can take longer and cost more — sorting out heirs, handling disputes, and following the state’s default distribution rules often means a slower, pricier process than probate with a valid will.

Assets may go to unintended people — if someone wanted a stepchild, close friend, or charity to inherit something, that won’t happen automatically under intestate succession; only legally recognized relatives inherit.

Some assets skip probate anyway — things like jointly owned property, accounts with named beneficiaries (life insurance, retirement accounts), or assets in a trust pass outside probate regardless of a will.

The good news? A little planning now can spare your family that stress later.

An estate planning or elder law attorney is the best resource to discuss your options.