What Is Probate?
A Beginner’s Guide to the Legal Process
When a loved one passes away, families are often left with more than just grief—they face decisions, paperwork, and a legal process called probate. If you’ve heard the word “probate” but aren’t sure what it means, you’re not alone. Understanding probate is a key part of preparing for the future, especially if you want to protect your family, your home, and your legacy.
In this guide, we’ll walk you through what probate is, how it works, and how you can plan to make the process easier for your loved ones.
What Is Probate?
Probate is the legal process that happens after someone dies to make sure their debts are paid and their belongings (like a home, bank accounts, or personal items) are passed on to the right people.
A court usually oversees probate, and someone is named to handle the person’s estate. This person is called an executor (if there’s a will) or administrator (if there’s no will).
Why Does Probate Matter?
Probate can:
- Help make sure your wishes are followed
- Protect heirs from disputes
- Ensure all debts and taxes are paid properly
However, probate can also take time—anywhere from a few months to over a year—and cost money. That’s why planning is so important.
How Does Probate Work?
Step 1: Filing the Will (If There Is One)
The first step is submitting the will to the local court. If there’s no will, the court follows state law to decide who inherits what.
Step 2: Naming an Executor or Administrator
The court appoints someone to handle the estate. This person will:
- Gather property and assets
- Pay off debts
- Distribute what’s left to heirs
Step 3: Paying Debts and Taxes
Before anything can be passed to family or friends, any outstanding bills, taxes, or loans must be settled.
Step 4: Distributing Assets
Once debts are cleared, the executor distributes what’s left according to the will, or state law if there’s no will.
How to Prepare Your Family for Probate
You can take steps today to make things easier for your loved ones:
- Make a will
- Name beneficiaries on your financial accounts
- Consider a living trust
- Talk with your family about your wishes
- Work with an estate planning professional
Planning is a gift to your family—it saves them stress, time, and often money.
Call to Action: Let’s Plan Together
At B’resheet, we believe every family deserves peace of mind. Whether you’re just starting to think about the future or ready to make a plan, we’re here to help.
📩 Contact us to schedule a free community consultation
📥 Download our free checklist: Preparing for Probate: A Family Guide
Frequently Asked Questions
Is Probate Always Required?
No, not always. Some assets—like life insurance with a named beneficiary or jointly owned property—can skip probate. Small estates may also qualify for simplified procedures depending on your state.
How Long Does Probate Take?
It usually takes 6–12 months, but it could be faster or slower depending on how complex the estate is and if there are any disputes.
Can Probate Be Avoided?
Yes. Tools like living trusts, joint ownership, or transfer-on-death deeds can help you pass on property without probate.
Who Should Care About Probate?
If you:
- Own a home or want to buy one
- Have children or loved ones you want to protect
- Are you caring for aging parents?
- Want to pass on what you’ve worked for
…then probate is something to understand now—before it’s needed.
Q. What happens if someone dies without a will?
A. The court decides who gets what based on state law. This is called “dying intestate.”
Q. Does a will avoid probate?
A. No, a will still goes through probate—but it can make the process easier and clearer.
Q. How much does probate cost?
A. Costs vary but can include court fees, attorney fees, and executor fees. It may be a few hundred to several thousand dollars.
Q. Can I handle probate myself?
A. It’s possible, especially for small estates, but many people choose to work with a lawyer for guidance.