Probate FAQ

Questions:

• What is probate?
• How does the probate process work?
• Does all property have to go through probate when a person dies?
• Who is responsible for handling probate?
• Should I plan to avoid probate?

Answer:

What is probate?

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. To see everything Nolo has to offer when it comes to estates, executors, and probate, visit our Wills, Trusts & Estates Center.