When someone dies, their property may need to go through probate, a court-supervised process. Many states offer simplified procedures for small estates, and some assets (joint accounts, accounts with named beneficiaries, trust assets) skip probate entirely.
The executor’s main steps
- File the will and open the estate.
- Notify heirs and creditors.
- Inventory and value assets.
- Pay valid debts, expenses and taxes.
- Distribute what’s left and close the estate.
When it gets complicated
No will (intestacy), real estate in several states, a family business, creditor claims or family disputes.
Costs
Ask whether the lawyer bills hourly, a flat fee, or (in some states) a statutory percentage. Fees are typically paid from the estate.
Frequently asked questions
Do all estates go through probate?
No. Small estates may qualify for simplified procedures, and assets with named beneficiaries or held in a trust usually pass outside probate.
Questions from readers
Question about Probate? Ask it here. We answer common questions in general terms on this page. This is not legal advice, and we can’t take your case.
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