Open the estate
A petition or application is filed in the appropriate court. The exact procedure depends on the state, the will, and who is asking to serve.
Probate Basics
A plain-language guide to how an estate moves forward.
Probate rules differ by state and by estate. This overview explains the common roles, stages, and terms you are likely to hear.
The general process
From opening the estate to final distribution.
Not every estate follows these steps in the same order, and disputes, taxes, real estate, or missing information can add time and additional court proceedings.
Appoint an estate representative
The court gives an estate representative legal authority to act for the estate, often through a document commonly called letters.
Find and protect property
The representative identifies accounts, real estate, personal property, records, insurance, and other assets that require protection or management.
Address obligations
Valid expenses, creditor claims, taxes, and other estate obligations are reviewed and handled in the order required by law.
Report and account
The representative keeps records and provides required reports, inventories, or accountings to the court and interested parties.
Distribute and close
After required work and approvals are complete, the remaining estate is distributed under the will, governing law, and court orders.
Common probate terms
What those unfamiliar words mean.
Courts and attorneys may use more specific definitions. These explanations are a practical starting point for families.
01Probate+
The legal process used to establish authority over a deceased person’s estate, address required obligations, transfer property, and close the estate.
02Estate+
The property, rights, accounts, debts, and obligations that must be identified and handled after a person dies.
03Estate representative+
The person legally authorized to manage the estate. Depending on the state and circumstances, a court or attorney may call this person an executor, administrator, personal representative, or fiduciary.
04Letters+
A court-issued document proving that the representative has authority to act. The formal name may include Letters Testamentary or Letters of Administration.
05Heir and beneficiary+
An heir is generally someone entitled under inheritance law, while a beneficiary is someone named to receive property under a will, trust, or other designation. The terms can overlap.
06Accounting+
A report showing the property received, money spent, income earned, transactions completed, and assets remaining in the estate.
07Distribution+
The transfer of remaining estate property to the people or organizations entitled to receive it after required obligations and approvals are addressed.
Have a specific estate in mind?