It’s rather simple to understand the term probate, even though it’s more of a legal term. The definition is, simply, the way the estate of a deceased person is legally processed and distributed. It’s the way you want any assets, inheritances, and estate handed out to your chosen beneficiaries. This is the legal process that makes sure any debts or taxes that you owed upon your death are settled prior to your beneficiaries receiving their inheritances.

The way this process is handled varies from state to state. However, it’s handled in what’s known as a probate court. This is a state court that swears in the executor of the estate. It also ensures that the public is notified of the personal’s death, typically through a death notice placed in the local newspaper. Inventory of all personal property and assets at the time of death is taken. Then, finally, the distribution of the estate is handled. For people leaving a will, the probate process follows the instructions outlined there. People not having a will leaves the state laws in charge of how their estate is divided.

The process of probating can begin immediately following the death of someone. How long it will all take depends on how simple or complicated the estate issues are. If you’re interested in making things as simple as possible on the ones you leave behind, you may want to write a will dictating who will get custody of what parts of your estate. People that leave up to date and straightforward wills make things much easier on the ones handling their estate following their death.

Things such as life insurance policies and jointly owned assets are typically not handled in probate. The reason for this is that these things automatically go to the designated person. Depending on what state everything is being handled in as well as the estate of the deceased person, the courts may not need to supervise the distribution of these things. Probate only affects assets, property and personal effects. It has nothing to do with funeral arrangements or paying medical bills.

Typically, when someone of great wealth dies, there’s a team of lawyers on hand to handle all matters of probate regarding the will.