Probate is the legal process of transferring a person’s property after death. It ensures assets are distributed according to the individual’s will and that debts, taxes, and final affairs are properly handled. This court-supervised process generally applies to property owned solely by the decedent that does not automatically pass to another person through joint ownership or beneficiary designation.

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What Happens in Probate

The probate process may be contested or uncontested. Most estates move through probate smoothly, but disputes can arise when:

• An heir is dissatisfied with their share

• Questions arise about the decedent’s mental capacity

• Allegations of undue influence or improper will execution exist

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Basic Steps of Probate Include:

• Collecting all probate assets

• Paying debts, claims, and taxes

• Managing rights to income or dividends

• Resolving disputes

• Distributing remaining property to heirs

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If the deceased named an executor, that person manages the estate. If not, the court appoints an administrator to handle these responsibilities. State laws may also affect distributions, including spousal rights or creditor claims.

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Avoiding Probate

Some assets avoid probate through:

• Joint ownership with rights of survivorship

• Payable-on-death (POD) or beneficiary designations

• Revocable living trusts

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These tools can simplify administration and reduce court involvement.