After a death
Probate & settling an estate
Probate is the court-supervised process of settling someone's estate — proving the will, paying debts, and distributing what's left. Most states offer a simplified 'small-estate' shortcut when the estate's value is below a set threshold, letting heirs use an affidavit instead of full administration. Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts) and jointly owned property usually pass outside probate entirely. Thresholds, timelines, and forms vary by state, so confirm with the local probate or surrogate's court.
How probate works
Open the estate
The executor named in the will (or an administrator, if there's no will) files with the local probate or surrogate's court and is formally appointed.
Inventory and notify
Identify the assets, and notify heirs and known creditors. The estate's debts and taxes are paid from its assets before anything is distributed.
Distribute what remains
Once debts and taxes are settled and the court approves, the remaining assets pass to the beneficiaries and the estate is closed.
What usually skips probate
Not everything an estate owns has to go through probate. These typically pass directly to the person named, or to the co-owner, without court involvement:
- Life insurance and retirement accounts with a named beneficiary
- Payable-on-death (POD) and transfer-on-death accounts
- Property owned jointly with right of survivorship
- Assets held in a living trust
Small-estate thresholds by state
Most states let heirs skip full administration with a simple affidavit when the estate is below a set value. The threshold varies widely — here's where we've verified it.
- CaliforniaSmall estate: $208,850 for deaths through March 31, 2026 — rising to $239,700 for deaths on or after April 1, 2026
- FloridaSmall estate: $75,000 (summary administration threshold)
- New YorkSmall estate: $50,000 in personal property
- TexasSmall estate: $75,000 (excluding the homestead and exempt property)
Handling the rest of the paperwork?
Probate is one part of settling affairs after a death. Our guide walks through the documents, accounts, and notifications in order.
General guidance, not legal advice. Confirm thresholds and procedures with the local probate or surrogate's court, or an attorney.