What is probate?

Probate is the court process used to transfer assets after death when assets do not pass automatically by trust, beneficiary designation, joint ownership, or transfer-on-death designation.

Probate may involve filing documents with the court, appointing an executor or personal representative, giving notice to creditors, preparing inventories, paying valid debts, and distributing remaining assets.

Probate is not always terrible, but it is usually slower, more public, and more formal than trust administration.

*Reviewed by Estate Planning Attorney Casey Connealy, Partner at Gaughan & Connealy Estate Planning Attorneys on June 23, 2026.