Probate
Also called: probate process, probate court
Updated June 7, 2026
What probate actually involves
In a typical probate, the court confirms the will, formally appoints the executor (or, if there is no will, an administrator), and grants them legal authority to act. The executor then gathers the estate's assets, notifies creditors, pays valid debts and any taxes, and finally distributes the remainder to the beneficiaries or heirs. The process is public and can take anywhere from a few months to well over a year, depending on the size of the estate and the state.
What can avoid probate
Not everything a person owns passes through probate. Assets held in a living trust, accounts with a named beneficiary (such as life insurance or retirement accounts), and property owned jointly with a right of survivorship generally transfer directly, outside the court process. This is one reason many people use a trust alongside a will.
Why findable documents matter to probate
Probate cannot begin smoothly until the executor has the will, the death certificate, and a picture of the estate's accounts and property. When those documents are scattered or hidden, the estate stalls before it starts. Keeping them in one secure place — and naming who should receive them — is what turns a months-long search into a clear first step.
Related terms
- Executor — An executor is the person named in a will to carry out its instructions — gathering the deceased's assets, paying debts and taxes, and distributing what remains to the beneficiaries. The executor is accountable to the probate court and must act in the interest of the estate, not their own.
- Administrator — An administrator is a person appointed by a probate court to settle an estate when the deceased left no will, or when the will named no executor who can serve. The administrator has the same duties as an executor — gathering assets, paying debts, and distributing what remains — but receives their authority from the court rather than from a will.
- Intestate — Intestate means dying without a valid will. When that happens, state law — called intestate succession — decides who inherits, in a fixed order that usually favors a spouse and children, then other close relatives. The court appoints an administrator to settle the estate.
- Letters Testamentary — Letters testamentary is a document issued by a probate court that officially authorizes the executor named in a will to act on behalf of the estate — to access accounts, transfer property, and conduct the business of settling the estate. Without it, banks and institutions will not cooperate with an executor.
Legatus Vault keeps your wills, trusts, and estate documents in one secure place and releases them — only when the time comes, and only after careful verification — to the people you choose.