What Is Probate, and Do You Need It?

Probate is how property gets from a person who has died to the people who should have it, with a court watching over the handoff. Someone is put in charge, the debts get paid, and the court signs off on who receives what.

Whether you need it depends less on how much the person owned than on how they owned it. A lot of property never goes near the probate court, and smaller estates often qualify for a quicker process. Rules vary by state, and the probate court or a lawyer where the person lived can tell you what applies there.

What actually happens in probate?

California's court self-help site breaks formal probate into three stages.

First, someone opens the case. They file a petition with the court, pay the filing fee, notify heirs and creditors, and publish a notice in a newspaper. At a hearing, the judge appoints a personal representative (the executor named in the will, or an administrator if there's no will).

Second comes the administration. The personal representative makes an inventory of what the person owned, gets it valued, notifies creditors, pays debts and files tax returns.

Third, the case closes. The representative files a final account, and the judge approves handing out what's left to the heirs or beneficiaries.

The court's name changes from state to state. In New York it's the Surrogate's Court. In Pennsylvania you start with the Register of Wills in the county, and disputes go to the Orphans' Court. Ohio has a probate court in each county, and in Florida it's the circuit court, through the clerk.

What passes outside probate?

The probate estate is only the property that has no other way to pass. A lot of what people own already has someone's name attached to it. According to California's courts, these usually pass without probate:

Property with a named beneficiary: life insurance, retirement accounts, pensions and annuities.
Payable on death and transfer on death accounts: many banks let an account holder name a beneficiary.
Joint tenancy property: the surviving owner gets it.
Property in a living trust: it's owned by the trust, not the person.

Joint bank accounts depend on how they were set up. The CFPB explains that most joint accounts carry "rights of survivorship," so the money passes to the surviving owner. If the account was held as tenants in common, the person's share goes to their heirs, through their will or state law. The account agreement, or the bank, can tell you which kind it is.

What's left over, things owned in the person's name alone with no beneficiary, is what probate deals with.

Is there a shorter route for small estates?

In most states, yes. The limits and the paperwork differ a great deal. A few examples:

State	Limit	How it works
California	$208,850 (deaths on or after April 1, 2025)	Signed affidavit to collect personal property, 40 days after the death; not for real estate
Florida	$150,000 (not counting protected homestead)	Summary administration, a shorter court process with no executor appointed
Texas	$75,000 (not counting homestead and exempt property)	Small estate affidavit approved by the judge, 30 days after the death; only when there's no will
Ohio	$35,000, or $100,000 if everything goes to the surviving spouse	The court can release the estate from full administration
New York	$50,000 in personal property	A close relative or the named executor files an affidavit with the Surrogate's Court

Some states don't have a dollar-limit affidavit at all. Georgia, for example, lets the heirs ask the probate court for an order that no administration is needed, if they all agree on how to divide things and the debts are paid or the creditors agree. Each state's page on our lawyers and estate rules site lists its small-estate rule under "Settling an estate", for example Texas.

How long does probate take?

There's no single answer. California's courts say formal probate typically takes 9 to 18 months and can take longer.

The deadlines built into state law set the pace. Creditors have to be given time to come forward: 7 months from the date letters are issued in New York, 6 months from the death in Ohio, and in Florida generally 3 months from the first published notice. Florida then expects a formal estate to be closed within 12 months of letters, unless the court allows more time.

In Pennsylvania, an estate still open 2 years after the death has to file a status report with the Register of Wills, and then once a year until it's done.

What does probate cost?

The costs are paid from the estate. In general terms, expect:

A court filing fee. California's courts give $435 as the typical fee to open a case there.
Notice costs, such as a newspaper notice to creditors.
Appraisal fees, such as California's probate referee, who values the property.
Fees for the executor and any lawyer. In California, both are set by law as a percentage of the estate's value. Other states handle this differently.

California's courts say the costs of administration are often well over $1,000 and can be much more. That's one state's figure; the court in the person's county can tell you its own fees.

Frequently asked questions

Does having a will mean you skip probate?

No. A will says who should get the property, but it doesn't keep that property out of court. The CFPB's guide for surviving spouses notes that a will may need to go through probate.

What happens if there's no will?

Probate can still happen. The court appoints someone, often called an administrator, to do the executor's job, and state law decides who inherits.

Does probate make the family pay the person's debts?

No. The FTC says family members typically aren't personally responsible for a deceased person's debts. The debts are paid from the estate. Exceptions include a cosigned debt and, in some states, a surviving spouse.

Can a house pass without full probate?

Sometimes. A house held in joint tenancy or a trust, or with a transfer on death deed, can pass outside probate. Small-estate routes vary: California's affidavit can't transfer real estate, while the Texas affidavit can transfer the homestead if it's the only real estate.