Lawyer I Trust Guide · General U.S. information · Reviewed September 9, 2026
Probate law governs the court processes connected with a person’s estate after death. In its narrowest sense, probate is the process of determining whether a document is a valid will. More broadly, the term is commonly used for court-supervised administration of a deceased person’s probate estate.
What happens in probate?
When probate administration is required, a court recognizes or appoints a person to administer the estate. That person may be called an executor, administrator, or personal representative. The representative generally identifies and protects probate property, deals with valid debts and expenses, handles required tax matters, and eventually distributes remaining property to the people entitled to receive it.
What if there is a will?
A will can nominate an executor and direct who should receive property that passes through the probate estate. The court may need to determine that the will satisfies applicable legal requirements before it is admitted to probate. Questions can arise about execution formalities, capacity, undue influence, fraud, duress, revocation, or which document is the person’s final valid will.
What if there is no will?
If a person dies without a valid will governing probate property, state intestacy law determines who inherits. Intestacy rules commonly favor spouses and close relatives, but the exact shares and order of inheritance are state-specific. Dying without a will does not mean that property automatically goes to the state; that usually occurs only when no legally recognized heir can be found under applicable law.
Does everything go through probate?
No. Some property may pass outside probate because of the way it is owned or because a contract or other legal arrangement identifies who receives it at death. Examples can include jointly owned property with survivorship rights, accounts with valid beneficiary designations, life insurance, retirement benefits, transfer-on-death or payable-on-death arrangements where recognized, and property held in certain trusts. Whether a particular asset is probate or nonprobate property depends on the governing documents and applicable law.
Probate is not always a lawsuit
Many probate estates are administrative rather than adversarial. Litigation can arise, however, when interested people dispute a will, fiduciary conduct, ownership of property, creditor rights, beneficiary rights, or interpretation of estate documents. States impose their own procedures and deadlines for those disputes.
How long does probate take?
There is no national timeline. The length of administration depends on the state, the type and value of property, creditor procedures, tax matters, whether assets need to be sold, the number and location of beneficiaries, and whether disputes arise. Many states offer simplified procedures for at least some smaller estates.
Explore Probate Topics
Sources and further reading
- Cornell Legal Information Institute: Probate
- Uniform Law Commission: Probate Code
- IRS: Deceased Person
Educational information only. This guide is not legal advice. Laws and procedures vary by jurisdiction.