The probate roadmap
Eight steps, in plain language. Find where you are, then open the lessons and printables that help.
Before you start
New here? Begin with the welcome and the key words you’ll hear. If no one has passed away yet, planning ahead can make all of this easier for your family.
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Step 1
Someone passes away
The first days are about caring for your family. A few things need attention soon: getting certified copies of the death certificate, keeping the home and belongings safe, and looking for the will. Most other tasks can wait.
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Step 2
Locate the will
Look for the original signed will, not a copy. Common places are home files, a safe or safe deposit box, and the attorney who prepared it. If there’s no will, state law decides who inherits and who can be put in charge.
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Step 3
File with the probate court
Someone asks the probate court to open the case, usually in the county where the person lived. It’s paperwork, not a trial. In many states, smaller estates can use a simpler process.
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Step 4
Court appoints an executor
The court gives one person legal authority to act for the estate. That authority comes in a court document called Letters testamentary, or Letters of administration if there’s no will. Banks, title companies, and others usually ask to see it before they act.
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Step 5
Gather assets and identify debts
The executor finds and lists everything the person owned and owed, keeps property safe and insured, and notifies creditors. Many courts require a written inventory.
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Step 6
Pay debts
Valid debts, final bills, and taxes are paid from the estate, in the order the law sets. Family members usually aren’t personally responsible for the person’s debts unless they co-signed or shared the account.
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Step 7
Distribute what remains
What’s left goes to the people named in the will, or to the relatives state law names if there’s no will. In many states, the court must approve before the final distribution.
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Step 8
Close the estate
The executor reports how everything was handled, often in a final accounting, and asks the court to close the case and release them from the role.
Through every step
Grief, family conversations, and caring for yourself don’t follow the steps. Come back to these whenever you need them.
Every estate is different. Steps can overlap, some estates skip steps, and the rules and timing vary by state. This page is education, not legal advice.
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