Probate FAQ
You've heard that you should avoid probate -- but why? Here are the basics.
Probate is a legal process that takes place after someone dies. It includes:
- proving in court that a deceased person's will is valid (usually a routine matter)
- identifying and inventorying the deceased person's property
- having the property appraised
- paying debts and taxes, and
- distributing the remaining property as the will (or state law, if there's no will) directs.
Typically, probate involves paperwork and court appearances by lawyers. The lawyers and court fees are paid from estate property, which would otherwise go to the people who inherit the deceased person's property.
Nolo posts updates to the latest versions of books and software when major
legal or practical changes occur. To see if your product has had a recent
update, search for that book or software and visit its product page.