Probate
The court-supervised process of validating a will, appointing the executor, paying the estate's debts, and distributing the remaining assets. Cost and duration vary sharply by state — from streamlined independent administration to percentage-fee regimes.
What it means
Probate establishes the will's validity and transfers legal title to heirs. Its burden depends on jurisdiction: some states offer simplified or independent administration, while others impose statutory fee schedules calculated on the gross estate. Common probate-avoidance tools include beneficiary designations, survivorship titling, payable-on-death accounts, and revocable living trusts.
Primary sources
Read more
- Will vs Living Trust: Which One Do You Need? (2026) — Will vs living trust in plain English: what each costs, what probate really means, and a decision table showing which fits your estate — or whether you need both.
- Dying Without a Will: Who Gets What in Your State (2026) — Die without a will and state intestacy law picks your heirs, a judge picks your kids' guardian, and unmarried partners get nothing. See exactly who inherits.