Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published April 7, 2026 · Last reviewed June 26, 2026
Probate is the court process for settling someone's estate after they die: proving the will (if there is one), paying debts, and passing the rest to heirs. A judge oversees it, which makes it slow and public. Knowing how it works helps an executor get through it, and helps anyone planning ahead keep an estate out of it.
A simple estate with a clear will and no fights often closes in 6 to 9 months. A contested will, complicated assets, tax issues, or family disputes can drag it past two years.
The executor (named in the will) or administrator (named by the court) inventories assets, pays debts, files tax returns, and hands out property. It carries real legal duties and personal liability for mistakes.
The bill includes court fees, executor fees, lawyer fees, accounting, and appraisals. Some states set lawyer and executor fees by statute as a percentage of the estate's value.
Anything with a named beneficiary (life insurance, retirement accounts), jointly owned property, and assets held in a trust pass directly, outside probate. Estate planning can shrink or erase the probate estate.
Probate records are generally open, so anyone can see what was owned and who inherited it. That privacy gap is a common reason people use trusts, since trust distributions stay private.
More on this topic: the Wills & Estates hub
NotALawyer.com provides general legal information, not legal advice.