NOTE: State laws change frequently and the following information may not reflect recent changes in the laws. For current tax or legal advice, please consult with an accountant or an attorney since the information contained in this article is not tax or legal advice and is not a substitute for tax or legal advice.
The word "probate" is derived from the Latin words "probare," meaning to test or prove, and "probatum," meaning something proved.
 In modern times and in its most basic form, probate refers to the court-supervised process of settling a deceased person's final affairs. Probate of a deceased person's estate may be required regardless of whether the deceased person had a Last Will and Testament or not.
What Are the Steps Required to Probate an Estate?
In the United States probate is overseen by judges in state court instead of federal court. Therefore, probate laws are not uniform among the states and can vary widely. However, in general the probate of an estate will require the following steps:
- Determine if probate of the estate is necessary. Probate of an estate may not even be required in the first place if the Testator owned only non probate assets. Refer to What are Non Probate Assets? to learn why probate may not be required at all.
- Determine where to probate the estate. If the Testator did not own any real estate or business interests outside of their home state, then the estate will most likely need to be probated in the county where the Testator lived at the time of death. But if the Testator owned any real estate outside of their home state, then the estate will most likely need to be probated in both the county where the Testator lived as well the county of the state where they owned real estate. Refer to How to Determine Where to Open a Probate Estate to learn more about where to probate an estate.
- Hire a probate lawyer. In some states you may be able to skip this step and probate the estate on your own. If this is the case, then the local probate clerk's office will usually provide you with the applicable forms and walk you through the process. In other states, such as Florida, you may be required by state law to hire a probate lawyer. Aside from this, you should never attempt to probate a complicated estate on your own. Refer to What is a Probate Lawyer and What They Do? to learn more about how a probate lawyer can help you through the probate process.
- Determine if Simple Probate or Formal Probate Should be Used. If you have hired a probate lawyer, then they will help you decide what type of probate process should be used. If you have not hired a probate lawyer, then you will need to determine if a simple probate process that is not overseen by a probate judge or a formal probate process that is fully overseen by a probate judge should be used. Usually state law will dictate which type of probate will be required which is either based on who inherits the estate, the value of the probate assets, or how long the person has been deceased. For example, in Florida a simple probate called Summary Probate can be used if either the decedent's probate estate is valued at $75,000 or less or if the decedent has been dead for more than two years regardless of the value of the probate estate. All other estates in Florida will require Formal Probate. In some states the simple probate process will require an "Affidavit of Heirship" to be signed by the beneficiaries of the estate (usually in front of witnesses and/or a Notary Public) and then presented to a financial institution or the appropriate county clerk's office.Â
Where to Find Additional Information About How to Probate an Estate
For more information about the steps required to probate an estate, refer to the following:
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