Probate: What Happens After Someone Dies

In detail

What happens during probate

The process generally follows the same arc everywhere: someone files the will (if any) with the probate court and asks to be appointed executor or administrator; creditors are notified and given a window to make claims; debts, taxes, and expenses are paid from estate assets; and what remains is distributed to heirs or beneficiaries according to the will or, if there is none, state intestacy law.

The executor's job is administrative but real: inventorying assets, securing property, filing tax returns, communicating with beneficiaries, and accounting to the court. Executors can usually hire an attorney to help, paid from the estate.

What avoids probate — and what doesn't

Property with a named beneficiary (life insurance, retirement accounts, payable-on-death bank accounts), jointly owned property with survivorship rights, and assets titled in a living trust generally pass outside probate. A will does not avoid probate — it is the instruction set the probate court follows.

Whether avoiding probate matters depends on your state: in some states probate is quick and inexpensive, making elaborate avoidance unnecessary; in others it is slow and costly. Ask about your own state's reality rather than assuming the worst.

If there is no will

When someone dies without a valid will (intestate), state intestacy law decides who inherits — typically starting with the spouse and children, then more distant relatives. Unmarried partners generally inherit nothing under intestacy law, no matter how long the relationship.

The court appoints an administrator (often a close relative) to do the executor's job. Intestacy does not mean the state takes the property; it means the state's default distribution applies, which may or may not match what the person wanted.

How this varies by state

Probate is state court procedure. Major variations:

• Whether the state offers simplified or summary procedures for small estates, and the dollar thresholds.
• Typical timelines and court supervision levels — from largely unsupervised to closely monitored.
• Executor and attorney fee rules: some states set fee schedules, others use 'reasonable' standards.
• How creditor claim periods and notices work.

Probate happens in state courts under state law. Procedures, timelines, costs, and simplified options for small estates vary substantially by state.

We publish state-specific pages only where we have genuinely verified content. Our verified state page is Florida.

• Florida — senior legal information

Who may need help with this

• Executors or administrators settling a family member's estate
• Families where someone died without a will
• Heirs dealing with property in another state
• Beneficiaries who have questions about an ongoing probate
• Anyone considering probate-avoidance planning

Common mistakes

• Distributing property before debts and taxes are settled.
• Paying the deceased person's debts from your own money out of a sense of duty.
• Throwing away paperwork that proves what was owned or owed.
• Assuming a will from another state will work without review.
• Ignoring tax filing obligations of the estate.

Questions to ask

• Is probate required here, or is a simplified procedure available?
• What are the expected timeline and costs?
• What are my duties and personal risks as executor?
• How are debts and taxes prioritized?
• Do we need ancillary probate for property in another state?

Official resources

These links go to government agencies and established nonprofit organizations — not to advertisers. External links open in a new tab.

• LawHelp.org — Pro Bono Net

  Free legal aid directory by state.

• Eldercare Locator — Administration for Community Living

  Local aging services and legal assistance programs.