PROBATE

Definition

Probate is the legal process through which a deceased person's will is validated, debts and taxes are paid, and remaining assets are distributed to heirs or beneficiaries under court supervision. If there is no valid will, state intestacy laws govern distribution. Probate procedures vary by jurisdiction but typically involve filing the will, appointing a personal representative, inventorying assets, notifying creditors, and obtaining court approval for final distributions. The process can be public, time-consuming, and costly, particularly in complex estates or disputes. Many clients use beneficiary designations, trusts, and titling strategies to minimize the amount of property that must pass through probate.

Common Usage

In everyday planning, advisors explain probate when discussing how life insurance proceeds, retirement accounts, and jointly owned property pass at death. Because life insurance with named beneficiaries generally bypasses probate, policies are often used to provide quick liquidity while the rest of the estate is settled. Advisors coordinate with estate planning attorneys to ensure beneficiary designations align with wills and trusts so that probate and non-probate assets work together. Clients may be motivated to create revocable living trusts, transfer-on-death registrations, and carefully structured ownership arrangements to reduce probate exposure. Understanding probate helps advisors frame the role of life insurance in providing cash for taxes, debts, and family support during the estate settlement process.