Probate
In one sentence
The court process of validating a will and distributing a deceased person's estate.
Plain English
When someone dies, probate is the legal process where a court oversees the handling of their will and property. The court confirms the will is valid, identifies heirs and creditors, pays debts and taxes, and distributes what's left to the beneficiaries named in the will. It can take months or years and involves court fees and attorney costs.
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Example
After Margaret dies, her son files her will with the probate court. The court appoints an executor, publishes notices to creditors, and after nine months of processing, distributes Margaret's house and savings to her three children as the will specified.
Used in a sentence
“The estate went through probate for fourteen months before the beneficiaries received their inheritance.”
How Probate differs by state
Probate can apply differently depending on the state. Click a state to see local specifics.
Alabama
Alabama probate follows standard court validation; small estates under $3,500 may skip formal probate entirely.
Alaska
Alaska probate allows informal proceedings when heirs agree; independent administration lets executors act without court supervision.
Arizona
Arizona allows independent administration; executors can settle estates largely outside court with proper will language.
Arkansas
Arkansas probate requires court validation of wills; small estates under $40,000 may use simplified affidavit procedures.
California
California probate is mandatory for estates over $166,250; smaller estates use streamlined succession or affidavit procedures.
Colorado
Colorado allows simplified probate for small estates under $40,000, bypassing formal court proceedings entirely.
Connecticut
Connecticut requires probate for all wills and uses a two-step process: filing with the Probate Court and obtaining a decree.
Delaware
Delaware offers expedited probate for estates under $40,000 and allows informal probate without court supervision for uncontested wills.
Florida
Florida allows summary administration for estates under $75,000 or if the deceased has been dead for more than one year.
Georgia
Georgia requires probate for all wills but offers an independent administration option that minimizes court involvement after initial approval.
Hawaii
Hawaii allows simplified probate for estates under $10,000, bypassing court involvement entirely.
Idaho
Idaho probate follows the Uniform Probate Code with a 120-day creditor claim period and streamlined informal probate options.
Illinois
Illinois probate requires formal court involvement for most estates, with a one-year statute of limitations for creditor claims.
Indiana
Indiana allows informal probate and permits independent administration, reducing court involvement and accelerating estate settlement.
Iowa
Iowa probate follows the Uniform Probate Code with a four-month creditor claim period and options for informal probate.
Kansas
Kansas probate follows standard procedures with a four-month creditor claim deadline after notice publication.
Kentucky
Kentucky requires a six-month creditor claim period and distinguishes between solemn and common form probate.
Louisiana
Louisiana uses a civil law system where succession follows the Napoleonic Code rather than common law probate rules.
Maine
Maine probate includes a six-month period for will contests after notice, with streamlined procedures for small estates.
Maryland
Maryland requires creditors to file claims within six months of the first estate notice publication.
Massachusetts
Massachusetts requires probate for most estates, but allows informal administration for small estates under $25,000.
Michigan
Michigan allows informal probate for estates under $25,000 or when all heirs consent, streamlining the process significantly.
Minnesota
Minnesota offers informal probate for uncontested estates and allows independent administration, reducing court involvement and costs.
Mississippi
Mississippi requires formal probate for most estates, with limited alternatives for small estates or when heirs agree.
Missouri
Missouri allows independent administration when the will authorizes it or all heirs consent, minimizing court supervision and delays.
Montana
Montana offers a streamlined alternative to full probate for estates under $40,000 in value.
Nebraska
Nebraska permits simplified probate for estates under $50,000, avoiding full court proceedings.
Nevada
Nevada offers a fast small-estate affidavit process for estates under $25,000, with no court appearance required.
New Hampshire
New Hampshire requires probate for most estates but allows informal administration without extensive court supervision.
New Jersey
New Jersey requires formal probate for most estates but offers a simplified process for smaller estates under $20,000.
New Mexico
New Mexico allows small estates under $40,000 to skip formal probate through affidavit procedures.
New York
New York uses "Surrogate's Court" instead of probate court and requires publication of estate notices in newspapers.
North Carolina
North Carolina allows collection of small estates under $40,000 without formal probate through a simplified affidavit process.
North Dakota
North Dakota adopted the Uniform Probate Code and allows informal probate with minimal court supervision for uncontested estates.
Ohio
Ohio allows estates under $40,000 to use a simplified "transfer on death" process without formal probate.
Oklahoma
Oklahoma allows simplified probate for small estates under $40,000, bypassing formal court proceedings entirely.
Oregon
Oregon probate follows the Uniform Probate Code with a small estate exemption for estates under $20,000.
Pennsylvania
Pennsylvania probate requires filing the will with the Register of Wills within one month of death, with no small estate exemption.
Rhode Island
Rhode Island probate requires court approval of the will and executor, with a small estate threshold of $40,000.
South Carolina
South Carolina probate allows independent administration for uncontested estates, letting executors act without court supervision.
Related terms
Executor
The person appointed to carry out the instructions in a will.
Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
Codicil
A written amendment or addition to an existing will.
Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
Power of Attorney
A legal document authorizing someone to act on your behalf in financial or medical decisions.
Living Will
A document stating your wishes about life-sustaining medical treatment if you become unable to communicate.
Guardianship
A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
Testamentary Trust
A trust created within a will that takes effect after the person dies.
This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.