Probate.
In plain English
Probate is the court-supervised process of settling someone's estate after they die. A court confirms whether their will is valid, appoints the executor (or an administrator if there is no will), gathers the assets, pays off debts and taxes, and then distributes what is left to the heirs. It creates a public record and can take months to more than a year, with court and legal costs along the way. Many estate-planning tools, like living trusts and beneficiary designations, exist mainly to move assets outside of probate. The exact steps, timelines, and costs are set by each state, so state law governs the specifics.
01Why it matters
Probate can tie up your family's inheritance for a year or more, rack up legal fees, and put your finances into the public record, which is exactly what most estate planning is trying to avoid.
02The math, step by step
Someone dies owning a house and a bank account in their own name with no trust or named beneficiary. Those assets go through probate, where the court oversees paying final bills before the home and account pass to the heirs, often taking many months.
03What this is NOT
A will does not avoid probate. It just tells the probate court your wishes. Assets that avoid probate do so through other tools like living trusts, joint ownership, or beneficiary designations, not through the will itself.
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