DefineLaw

What is probate?

Probate is the court process that validates a will and oversees asset distribution.

Why it matters

It gives legal authority to the executor and protects heirs and creditors.

Common confusion

Probate applies to will assets; trust assets usually avoid it.

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.

Frequently Asked Questions

How long does probate take?

Months to over a year, depending on size and disputes.

Can probate be avoided?

Often, with a living trust and proper titling.

Is probate public?

Yes, the filings are generally public records.

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