A
will
is the document that expresses how you would like your
estate
divided among your heirs at your death. Probate is the process by which the courts approve this distribution.
The most basic meaning of probate is to prove a will — to determine if it’s valid. One of the reasons it helps to get professional advice when you draft your will is that state laws can be extremely strict about what constitutes a valid will. If you die without a valid will, the courts divide your estate according to state inheritance laws. So it’s better to be careful now, rather than let your heirs experience frustration, delay, or extra expense later.
The probate process
While probate works differently in every state, the basic process
of settling your estate is the same. The
executor
named in your will manages these duties, among others, in order:
Notifying heirsFreezing
assetsPaying
debts
and collecting creditsDisbursing assets to heirs
If there’s no valid will, the court will appoint an administrator to handle these tasks.
What do they call it?
Many states have no special probate court, leaving it up to their District, Circuit, or Superior Courts to handle estate cases. Those states that do have a court for probate call it by many different names. In New York, it’s the Surrogate’s Court. In Delaware, it’s the Court of Chancery, while it’s the Chancery Court in Mississippi. In Maryland, it’s the Orphan’s Court. And in Pennsylvania and Ohio, it’s the Court of Common Pleas.
