What Is Probate?

The Basic Steps

1. File the will with the probate court in the county where the person lived.
2. Appoint a personal representative — the executor named in the will, or an administrator if there is no will.
3. Inventory assets — identify and value what the estate holds.
4. Notify creditors — valid debts get paid from estate funds.
5. Pay taxes — final income taxes and, for large estates, estate taxes.
6. Distribute the remainder to beneficiaries or heirs, then close the estate.

When There Is No Will

Dying without a will is called dying “intestate.” State law then determines who inherits, in a fixed order of priority — typically spouse, children, parents, siblings, and so on. The court appoints an administrator to handle the estate. Intestacy rules are one-size-fits-all and may not match what the person would have wanted.

What Determines the Timeline

Uncontested estates with clear records move fastest. Disputes among heirs, hard-to-value assets (like businesses), creditor claims, missing documents, and court backlogs all add time. Some states also impose minimum waiting periods for creditor claims.

Easing the Burden on Your Own Heirs

The kindest estate plan is an organized one: a current will or trust, up-to-date beneficiary designations, a list of accounts and advisors, and documents your executor can actually find. Tell your executor where everything is — the plan only works if it’s discoverable.