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Probate, explained
What probate is, when it applies, and the six stages every estate moves through. Then jump to the state where your relative lived for the local thresholds and forms.
Probate is the court-supervised process that transfers a deceased person's assets to heirs. It applies to assets owned in sole name without a beneficiary. Most US estates close in six to twelve months and move through six stages: filing, appointment, notice, inventory, payment, and distribution.
When probate is required
| Goes through probate | Sole-name bank accounts, sole-name real estate, vehicles in sole name without a TOD, personal property over the state threshold |
|---|---|
| Skips probate | Joint accounts with survivorship, payable-on-death accounts, named beneficiaries on life insurance and retirement, assets in a living trust |
| Sometimes skips | Small estates under the state threshold (small estate affidavit), real estate with a recorded TOD deed (about 30 states) |
The six stages
Confirm probate is needed
Probate is for assets in the deceased's sole name. Joint titles, beneficiary designations, and living trusts skip court entirely.
File the will and petition
Submit the original will, a certified death certificate, and a petition at the county probate court where the deceased lived.
Get appointed as executor
The court issues letters testamentary, which prove your authority to act for the estate at banks, the IRS, and the DMV.
Notify heirs and creditors
Send written notice to known heirs and publish notice to creditors. Most states require a sixty to one hundred twenty day creditor window.
Inventory and value assets
List every asset with a date-of-death value. Courts typically require this within 90 days, and an appraisal for real estate.
Pay debts, taxes, and final returns
Settle valid claims in priority order, file the final IRS Form 1040, and file Form 1041 for estate income.
Distribute and close
Distribute remaining assets to beneficiaries, file a final accounting with the court, and request an order closing the estate.
By state
Probate, state by state
Thresholds, forms, and court names vary widely. Pick the state where the deceased lived.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Common questions
How long does probate take?
Most uncontested estates close in six to twelve months. Contested estates, multi-state real estate, or business interests can extend that to two years or more.
Do I need a lawyer?
Many states allow you to file probate without an attorney, especially for simple estates under the small estate threshold. Complex estates usually benefit from counsel.
What if there is no will?
Each state has an intestate succession statute that distributes assets to the spouse, children, and other relatives in a fixed sequence. The court appoints an administrator.
How much does probate cost?
Filing fees range from $50 to $1,300 depending on the state. Total costs including attorney fees, executor fees, and bond typically run three to seven percent of the estate value.
What is a small estate affidavit?
A notarized statement that lets heirs collect modest assets without opening probate, when the estate falls below the state threshold. Thresholds range from $10,000 to over $180,000.
Documents you may need
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