Probate 101 – What Happens When Someone Dies? (Beginner’s Guide)

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Navigating the probate process can be daunting for families dealing with the loss of a loved one. This beginner's guide provides essential insights into what probate is, how it works, and the steps involved, ensuring you understand your rights and responsibilities. If you need assistance, find a qualified probate attorney near you to guide you through this complex legal terrain.

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Discover what probate is and how it impacts your loved ones when someone passes away. This beginner's guide explains the probate process, assets involved, and how to find a qualified probate attorney near you to navigate this often misunderstood procedure with ease.

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Flat vector illustration showing the probate process with a grieving family, a courthouse, executor reviewing legal documents, probate attorney, asset distribution, and beneficiaries receiving inheritance.

Estate Planning and Probate

How the Probate Process Works, Step by Step (How To)

Probate vs. Non-Probate Assets: What’s the Difference? (Expanded Definition)

How Long Does Probate Take? (State-by-State Timelines) (Listicle)

How to Avoid Probate: 5 Legal Strategies (Listicle)

What is an Executor & How to Choose One? (Expanded Definition)

What to Do If You’re a Beneficiary in a Probate Case (How To)

How ReferU.AI Can Help You Find a Probate Attorney (Thought Leadership)

What is Probate? A Simple Explanation (Expanded Definition)

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Probate

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Estate Planning and Probate

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What is Probate? A Simple Explanation (Expanded Definition)

How the Probate Process Works, Step by Step (How To)

Probate vs. Non-Probate Assets: What’s the Difference? (Expanded Definition)

How Long Does Probate Take? (State-by-State Timelines) (Listicle)

How to Avoid Probate: 5 Legal Strategies (Listicle)

What is an Executor & How to Choose One? (Expanded Definition)

What to Do If You’re a Beneficiary in a Probate Case (How To)

How ReferU.AI Can Help You Find a Probate Attorney (Thought Leadership)

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Mar 27, 2025 11:49 PM

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Probate 101 – What Happens When Someone Dies? (Beginner’s Guide)

When someone passes away, most families are left wondering: What happens next? Amid grief and emotional upheaval, you're also confronted with a maze of legal responsibilities and unfamiliar terminology. Probate is one of the most important—and often misunderstood—steps in that process.

Whether you're preparing for the inevitable or dealing with the recent loss of a loved one, understanding what probate is, how it works, and how to navigate it is essential. The good news? Probate doesn’t have to be overwhelming—especially if you’re armed with the right knowledge and a solid estate plan.

In this beginner’s guide, you’ll learn:

What probate actually is

What assets go through probate (and what don’t)

How long probate takes, depending on your state

Who’s in charge of the process

What you need to know as a beneficiary

How to legally avoid probate

How ReferU.AI helps you find the right probate attorney when you need one most

By the end of this post, you’ll understand the entire probate process—and know exactly what steps to take next.

💡 For every post in this series, scroll down to “Related Posts.”

What Is Probate?

Let’s start with the basics. Probate is the court-supervised legal process of:

Validating a deceased person’s will (if one exists)

Identifying and inventorying the person’s assets

Paying off debts, taxes, and expenses

Distributing remaining property to the rightful heirs

It’s essentially the legal way of settling someone’s financial life after death.

For a more detailed breakdown of this process, check out our cluster post: What is Probate? A Simple Explanation.

When Is Probate Required?

Probate is usually required when someone passes away with assets solely in their name, and there’s no trust or beneficiary designation to pass them automatically to others.

If the deceased owned property jointly or had accounts with named beneficiaries, many of those assets can bypass probate.

That leads us to an important distinction...

Probate vs. Non-Probate Assets

Not all assets need court intervention. Understanding the difference between probate and non-probate assets is a key part of estate planning and probate navigation.

Probate assets include:

Individually owned real estate

Solely owned bank and investment accounts

Personal property (cars, jewelry, art)

Business interests without a succession plan

Non-probate assets pass directly to heirs and include:

Jointly owned property with right of survivorship

Life insurance and retirement accounts with named beneficiaries

Assets in a revocable living trust

Payable-on-Death (POD) or Transfer-on-Death (TOD) accounts

Explore this topic in more depth in our guide: Probate vs. Non-Probate Assets: What’s the Difference?.

The Probate Process, Step by Step

So how exactly does probate work? The process typically involves:

Filing the will and opening the estate in probate court

Appointing an executor (or administrator if no will exists)

Notifying heirs and creditors

Identifying and appraising the estate’s assets

Paying debts, taxes, and court fees

Distributing remaining property to beneficiaries

Filing a final accounting and closing the estate

Each state has its own rules and paperwork, but the basic steps are generally the same. Learn more in our cluster post: How the Probate Process Works, Step by Step.

How Long Does Probate Take?

The length of probate varies widely based on the estate’s complexity, legal disputes, and state-specific laws.

On average:

Small estates: 3–6 months

Medium estates: 6–12 months

Large or contested estates: 12–24+ months

To get a better idea of what to expect in your state, check out our cluster guide: How Long Does Probate Take? (State-by-State Timelines).

The Role of the Executor

The executor is the person named in the will to manage the estate. They are legally responsible for carrying out the deceased person’s wishes, handling court filings, managing finances, and distributing assets.

But not everyone is suited for this role. Executors should be:

Organized and financially responsible

Willing to deal with lawyers, accountants, and courts

Neutral and trustworthy, especially if family tensions exist

Not sure who should serve as executor—or what to do if you’ve been named one? Read our guide: What is an Executor & How to Choose One.

What If You’re a Beneficiary?

If you’re a named beneficiary in a will or trust, or you’re entitled to inherit under state law, you have a legal right to information and a share of the estate.

But being a beneficiary also comes with questions:

When will you receive your inheritance?

Can you challenge the executor’s decisions?

What happens if the will is contested?

You’ll find helpful answers in our guide: What to Do If You’re a Beneficiary in a Probate Case.

How to Avoid Probate (and Should You?)

Probate isn’t inherently bad—but it can be expensive, public, and slow. Many people choose to structure their estate to avoid probate altogether, which ensures assets are distributed privately and efficiently.

There are several strategies to do this legally:

Use a revocable living trust

Add POD and TOD beneficiaries

Own property jointly with survivorship rights

Make lifetime gifts

Use irrevocable life insurance trusts (ILITs)

For a practical breakdown, visit: How to Avoid Probate: 5 Legal Strategies.

Why You Might Need a Probate Attorney

Probate can be overwhelming, even with a well-structured estate. If the estate involves:

Multiple properties

Business interests

Family disputes

Tax implications

Missing or outdated documents

… then hiring a probate attorney is the smartest move.

Learn how to find the right lawyer for your case in our cluster post: How ReferU.AI Can Help You Find a Probate Attorney.

ReferU.AI connects you with top-rated probate attorneys near you, based on your legal needs and the attorney’s track record in similar cases.

Final Thoughts: Probate Doesn’t Have to Be a Nightmare

The probate process is one of the most misunderstood parts of estate administration—but it doesn’t have to be complicated. With the right knowledge and the right support system in place, probate can be managed efficiently, fairly, and with as little stress as possible.

Whether you’re creating an estate plan or dealing with a loved one’s estate, keep these core principles in mind:

Not all assets go through probate

A will alone doesn’t avoid probate

The right executor makes all the difference

Legal strategies can dramatically reduce probate delays

A qualified attorney is invaluable when navigating complex estates

ReferU.AI makes it easy to find a probate attorney near you who understands your needs and helps you secure your family’s future.

Start your search today at ReferU.AI and take the stress out of probate.

Probate 101 – What Happens When Someone Dies? (Beginner’s Guide)