Probate
The court-supervised process of validating a will (if there is one), paying debts, and transferring the deceased's property to heirs. Required in most cases, though some assets bypass it.
Probate happens in the county where the deceased lived. The executor named in the will (or an administrator appointed by the court if there's no will) files paperwork, notifies creditors, inventories assets, pays debts and taxes, and distributes what's left. The process typically takes six months to two years.
Some assets bypass probate: jointly-owned property with right of survivorship, retirement accounts with named beneficiaries, life insurance, and anything in a living trust. A 'small estate' (defined by state — usually under $50,000–$200,000) often qualifies for a simplified process.
- Death certificate— The official government document recording the death. Required for almost everything that comes after — bank accounts, insurance, Social Security, probate, transferring property.
- Next of kin— The person legally authorized to make decisions about the body, burial, and arrangements. Order is set by state law, not by who was emotionally closest.
This definition is general consumer information, not legal, medical, or financial advice. Industry practices and regulations change occasionally; verify before relying on anything here for a specific decision.
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