Probate is the legal process through which a deceased person’s estate is administered and distributed under the supervision of a court. The process is used to validate a will, identify and inventory the decedent’s assets, pay outstanding debts and taxes, and transfer remaining property to heirs or beneficiaries. If the deceased person left a valid will, the estate is considered testate, and the court typically appoints the executor named in the will to manage the probate proceedings. If no valid will exists, the person is said to have died intestate, and state intestacy laws determine how the estate will be distributed. Probate commonly involves real property, financial accounts, personal belongings, and other assets owned solely by the decedent at the time of death.
In real estate, probate is particularly important because ownership of property may not transfer automatically upon death unless the property was held in a manner that avoids probate, such as through joint tenancy with right of survivorship, a living trust, or certain beneficiary arrangements. During probate, the court may authorize the sale or transfer of real estate to satisfy debts or distribute assets according to the will or state law. Probate procedures vary by jurisdiction, but they often require public filings, creditor notification periods, and court approval for certain transactions. Because probate can be time-consuming and costly, many property owners use estate planning strategies to minimize or avoid the probate process altogether.
