Do I Need Probate?

What Probate Is For

Probate is a court process for handling a deceased person’s estate. It can establish authority to act, address claims against the estate, and determine how property is distributed.

Having a will does not automatically mean probate can be skipped. Having a modest estate does not automatically mean the same procedure applies in every state.

Make an Asset List Before Choosing a Procedure

For each account or property, write down the owner shown on the records, whether there is a beneficiary or co-owner, and an approximate value. Put uncertain items in their own column.

Some assets can pass outside probate, depending on their ownership and beneficiary arrangements. Ask the institution or a local attorney which documents apply to each asset.

Ask About a Small-Estate Procedure

Some states offer a simpler process for qualifying estates. The requirements can depend on the type and value of assets, elapsed time, debts, and whether a court proceeding is already open.

An affidavit is a sworn statement, not a universal substitute for probate. Confirm the applicable route before signing one, especially if real estate is involved.

Start with the Right State and County

Georgia’s probate courts publish standard forms. Oklahoma’s bar association explains probate and affidavit routes. Pennsylvania’s judiciary lists Registers of Wills and court forms. For other states, begin with the state judiciary or the court serving the deceased person’s county.

Bring the will, death certificate, asset list, and any court correspondence to a consultation. Ask which procedure applies, what it costs, and who will handle it.

Choose a State