Estate & legal
What is probate, and do you need it?
Probate is the court process for settling what someone owned after they die. Whether you need it depends on how their affairs were set up — here is the plain version.
In the weeks after a death, families often run into a word no one explained to them: probate. It sounds forbidding. In plain terms, probate is simply the court-supervised process of settling what a person owned — proving their will (if there is one), paying their debts and taxes, and passing what remains to the people entitled to it.
When probate is usually required
Probate generally applies to assets held in the deceased person's name alone, with no named beneficiary and no co-owner. A house titled only in their name, a solo bank account, personal belongings of real value — these typically pass through probate, whether or not there is a will.
When you may be able to skip it
Many things pass outside probate automatically:
- Accounts with a named beneficiary — life insurance, retirement accounts, payable-on-death bank accounts.
- Jointly owned property with rights of survivorship, which passes to the co-owner.
- Assets in a living trust, which is much of the point of setting one up.
Some states also offer a simplified, faster process for small estates below a dollar threshold. The threshold and the rules differ by state, so this is worth checking for the state where the person lived.
Where to get help
You do not have to navigate this blind. For straightforward estates, guided online tools can walk an executor through the steps and the paperwork; for tangled ones — disputes, businesses, property in several states — a probate attorney is worth the cost. The right choice depends on how complicated the affairs are, not on how much grief you are carrying.
This is general information, not legal advice; the rules that matter are the ones in the state where the person lived.
When you are ready, you can also create a memorial to gather their obituary, photos, and the people who loved them in one place.
Common questions
- How long does probate take?
- It varies widely by state and by how complex the estate is — often several months, sometimes more than a year. Simple estates with clear paperwork move fastest; disputes and missing documents are what stretch it out.
- Can you avoid probate?
- Often, partly. Assets with a named beneficiary (life insurance, retirement accounts) or held in a living trust or in joint ownership usually pass outside probate. What is left in the person's name alone is typically what goes through it.
Create a memorial for the person you love
Start with their name. It is free, takes a minute, and no account is needed.