What it means:
Probate law governs the court-supervised process of settling a person’s estate after death. This includes validating a will, resolving outstanding debts and distributing assets to heirs or beneficiaries.

Key points:

• Governed entirely by state law
• Required when assets are not held in a trust or do not pass automatically
• Overseen by a probate or surrogate court
• Can be straightforward or complex depending on the estate

Common probate matters:

• Validating and interpreting a will
• Appointing an executor or personal representative
• Identifying and valuing estate assets
• Paying creditors and taxes
• Distributing assets to beneficiaries or heirs

Who probate applies to:

• Executors or personal representatives
• Heirs and beneficiaries
• Families managing an estate without prior planning

How probate fits into the legal process:

• Begins after a person’s death
• Requires court filings and deadlines
• May involve hearings if disputes arise
• Ends once the estate is fully settled and closed

Important notes:

• Probate law is closely related to estate planning but serves a different purpose
• Proper estate planning can reduce or avoid probate
• State rules and timelines vary significantly