Understanding Probate and When You Need an Attorney

What you'll need

• Original will (if one exists)
• Death certificate (certified copies — you'll need many)
• Complete list of assets and debts
• Contact information for all beneficiaries and creditors

What is probate?

Probate is the legal process of validating a will, appointing an executor, paying debts, and distributing assets under court supervision. Not all assets go through probate — accounts with named beneficiaries, jointly held property, and assets in a trust typically transfer outside of probate.

Steps

1. Determine whether probate is necessary. If the deceased had only jointly held assets, assets with beneficiary designations, or assets held in trust, probate may not be required at all.
2. If probate is required, file the will (if one exists) with the probate court in the county where the deceased lived. Most states require this within 30–90 days of death.
3. The court will issue letters testamentary (if there is a will) or letters of administration (if there is no will), which give you legal authority to act on behalf of the estate.
4. Notify all creditors of the death. Most states require you to publish a notice in a local newspaper and give creditors a specific window (typically 3–6 months) to file claims.
5. Inventory all estate assets and have them appraised if necessary.
6. Pay valid debts and taxes from estate funds.
7. Distribute remaining assets to beneficiaries according to the will or state intestacy laws if there is no will.
8. File a final accounting with the court and request the estate be closed.