What probate actually involves

Probate is the court-supervised process of validating a will (if one exists), paying the deceased's debts, and distributing what's left to heirs or beneficiaries.

Step one: opening the estate

The named executor (or a court-appointed administrator, if there's no will) files the will and a petition with the local probate court, which formally opens the case and confirms the executor's authority to act.

Step two: inventory and notice

The executor identifies and values estate assets, and notifies known creditors and heirs. Creditors are typically given a set window to file claims against the estate.

Step three: paying debts and taxes

Valid debts, funeral costs, and any estate taxes owed are paid from estate assets before anything is distributed to heirs.

Step four: distribution and closing

Once debts are settled, remaining assets are distributed according to the will (or intestate succession law), and the executor files a final accounting with the court to close the estate.

Not everything goes through probate

Assets with a named beneficiary (life insurance, retirement accounts) or held in joint ownership or a living trust typically pass outside of probate entirely — a major reason estate planning often focuses on minimizing what has to go through this process.