What Is Probate, and How Does it Work?

Probate is the legal process used to manage a deceased person’s estate, pay any outstanding taxes or bills, and distribute whatever remains to the rightful heirs. While every state has its own procedures, the purpose is the same everywhere: to ensure property is transferred fairly and all debts are properly settled before the estate is closed. If you’re an heir waiting for your inheritance, the following explains what typically happens.

Understanding Probate

When someone passes away, their “estate” includes everything they owned—such as bank accounts, real estate, investments, and personal items. If probate is required, the court examines the will (if one exists) to confirm it’s valid. If there is no will, the court applies intestate succession laws to determine who should inherit. During this process, creditors are also given a chance to file legitimate claims. Once all obligations are handled, the court identifies and approves the beneficiaries who will receive the remaining assets.