Public Guide
Probate: General Process Overview
A general overview of probate property, court appointment, creditors, taxes, administration, distribution, and nonprobate assets.
Probate is a state-law court process for administering certain property after death. The applicable procedure depends on domicile, property location, the will, asset value, family circumstances, and state law.
Common stages include filing a petition, validating a will where applicable, appointing a personal representative, giving notice, identifying and managing property, addressing claims and expenses, completing tax work, accounting, distributing property, and closing the estate.
The personal representative acts in a fiduciary capacity under the will, statute, and court orders. Beneficiaries, heirs, creditors, taxing authorities, and other interested parties can have rights within the process.
Not every asset is probate property. Trust property, survivorship ownership, beneficiary-designated assets, and transfer-on-death arrangements can use separate transfer mechanisms. Disputes and creditor rights may still affect them.
Small-estate, summary, or affidavit procedures may be available under state-specific requirements.
This page provides general process information and does not determine whether probate is required, what property is included, or who is entitled to receive it.