# Probate

> Probate is the court process that validates a will, appoints a personal representative, pays the estate's debts and taxes, and transfers what is left to heirs.

Canonical page: https://find.wellspent.co/glossary/probate/
Also called: probate court, estate administration

Usually only assets in the deceased person's name alone, with no named beneficiary or co-owner, go through probate. Accounts with beneficiary designations or transfer-on-death registration, property owned jointly with survivorship rights, and assets held in a trust pass outside it.

The personal representative is the executor named in the will, or an administrator the court appoints if there is no will. They gather the assets, deal with creditors, file the final income tax return and any estate returns, and distribute the rest. Timelines and costs vary widely by state, and probate filings are generally public.

People plan around probate mainly for speed, privacy, and to spare their family the paperwork, especially when they own real estate in more than one state.

## How to check

List every account and property with how it is titled and who is named on it. Anything with no beneficiary, no co-owner, and not held in a trust will likely go through probate.

## Sources

- [IRS Publication 559: Survivors, executors, and administrators](https://www.irs.gov/publications/p559)
- [FINRA: Plan now to smooth the transfer of brokerage assets at death](https://www.finra.org/investors/insights/plan-ahead-transfer-your-brokerage-account-assets-death)

## Related terms

- [Revocable living trust](https://find.wellspent.co/glossary/revocable-living-trust.md)
- [Beneficiary designation](https://find.wellspent.co/glossary/beneficiary-designation.md)
- [Step-up in basis](https://find.wellspent.co/glossary/step-up-in-basis.md)
- [Financial power of attorney](https://find.wellspent.co/glossary/power-of-attorney.md)