What Is Probate?
Probate is the court-supervised process of: (1) validating the deceased's will, (2) identifying and appraising assets, (3) paying valid debts and taxes, and (4) distributing what remains to beneficiaries.
Not all assets go through probate. Life insurance, retirement accounts, jointly held property, and assets with TOD/POD designations pass directly, bypassing the process entirely.
The Probate Steps
File the Will and Petition
The executor (or an interested party if no will exists) files the will and a petition with the probate court, typically in the county where the deceased lived. The court sets a hearing date. Most states require this within 30–90 days of death.
Appointment of Executor / Administrator
The court confirms the executor named in the will (or appoints an administrator if there is no will). The court issues "Letters Testamentary" - the official document authorizing the executor to act on behalf of the estate.
Inventory and Appraise Assets
The executor creates a complete inventory of the deceased's probate assets and their values as of the date of death. This may require professional appraisals for real estate, businesses, artwork, and other non-liquid assets.
Notify Creditors
Most states require publishing a notice to creditors in a local newspaper. Known creditors must be notified directly. Creditors then have a window (typically 3–6 months) to file claims against the estate.
Pay Debts, Taxes, and Expenses
The executor pays valid creditor claims, funeral expenses, estate administration costs, and any estate taxes (federal or state) owed. Federal estate tax returns (Form 706) are due 9 months from the date of death, with a 6-month extension available.
File Final Accountings
The executor files a detailed accounting with the court showing all assets received, debts paid, and distributions made. Beneficiaries must approve or the court reviews it.
Distribute Assets
Once the court approves the accounting and all obligations are satisfied, assets are distributed to beneficiaries as specified in the will (or by state intestacy law if no will). The executor is then discharged.
Small-estate thresholds by selected state (2024)
| State | Threshold | Procedure name |
|---|---|---|
| California | $184,500 | Affidavit + 40-day wait |
| Texas | $75,000 | Small Estate Affidavit |
| Florida | $75,000 | Summary Administration |
| New York | $50,000 | Voluntary Administration |
| Ohio | $100,000 | Release from Administration |
The most cost-effective estate plan is the one that keeps the estate small enough to avoid formal probate.
Simplified / Small Estate Procedures
Most states have small estate procedures for estates below certain dollar thresholds, allowing families to transfer assets with a simple affidavit, no court required. Thresholds vary from $25,000 to $250,000+. See our state comparison table for your state's threshold.
The Executor's Responsibilities
- Locate and secure the will; file with the court
- Notify Social Security, pension providers, employers
- Open an estate bank account to receive estate income and pay expenses
- File the decedent's final income tax return (Form 1040) and any estate income return (Form 1041)
- File Form 706 if federal estate tax is due (estates over the permanent $15M exemption as of 2026)
- Keep detailed records of all transactions, you may need to account to the court and beneficiaries
Frequently Asked Questions
How long does probate take?
Simple estates typically take 6–12 months. Complex estates with disputes, business interests, or tax issues can take 2–5 years. The state matters: some states have streamlined procedures; others are slow.
How much does probate cost?
Costs vary widely. Expect court filing fees ($100–$1,500+), attorney fees (1%–4% of estate in many states, or hourly), and executor fees (1%–3%). A $500,000 estate could cost $15,000–$30,000 in fees.
Can probate be avoided entirely?
Yes, for most assets. Properly structured trusts, TOD/POD designations, and joint tenancy arrangements transfer assets outside probate. See our Avoiding Probate guide for strategies.