Probate is the process that occurs after someone passes away to pay off debts and to pass on inheritances to the heirs. While the laws vary from state to state, there are some general things you can expect no matter where the property is located. To become the legal owner of a home after someone passes away, you may be required to go through the probate process. When a will is present, an executor will already be assigned. However, if there isn’t a will, the courts will assign an executor to facilitate the process.