Probating a will means filing it with the local probate court so a judge can validate it, appoint the executor named in the document, and authorize that executor to settle debts and distribute assets. The process runs through the same court whether or not a valid will exists, but having one gives the family a named executor and clear instructions instead of a court-appointed administrator and default state rules.
Every estate in the United States passes through some form of probate oversight, with or without a will. The real difference a will makes is who runs the process and how much conflict, delay, and cost the family absorbs along the way. Below is the process in order, from filing the first petition to closing the estate.
Prince Died Without a Will, and Probate Took Six Years
When musician Prince Rogers Nelson died in 2016 at age 57, he left an estate conservatively valued at $200 million and no will. He had no living children and was not married, so his six siblings had to petition the court to determine who would serve as personal representative. The court appointed a temporary administrator, then eventually Comerica Bank, to identify heirs and manage the estate. Anyone claiming to be a relative had to file a claim with the court and wait to be adjudicated, which slowed everything down. Four years in, the siblings still had not received a distribution, and three of them sued the administrator. It took six years to close the estate, and Comerica Bank collected more than $3 million in fees along the way. A simple, valid will naming an executor would not have prevented probate entirely, but it would have prevented years of court-supervised guesswork over who was in charge.
The Probate Process, Step by Step
The exact requirements vary by state and change somewhat if the person died without a will, but the process generally follows the same order.
Step 1: File the Petition
The process begins when someone, usually the executor named in the will, files a petition with the probate court in the county where the deceased person lived. The petition package typically includes the original will and a certified death certificate; your local court's probate court forms list exactly what to submit.
Step 2: Notify Interested Parties
Once the petition is filed, the court requires formal notice to everyone with a legal interest in the estate, including named beneficiaries, heirs, and sometimes creditors. This is usually done by mail and, in many states, by publishing a notice in a local newspaper.
Step 3: Appointment of the Executor or Personal Representative
The court reviews the petition and appoints an executor, or, if there is no will, a personal representative. If the will names an executor who is willing and able to serve, courts typically honor that choice. Without a will, states set a statutory order of priority for who gets appointed. Florida, for example, gives first priority to the surviving spouse, then to the person selected by a majority of the heirs, then to the heir nearest in degree, under Florida Statute 733.301. California uses a longer, more detailed hierarchy, starting with a surviving spouse or domestic partner and working down through children, grandchildren, and more distant relatives, under California Probate Code Section 8461. Every state has its own version of this priority order, so check your own state's statute rather than assuming Florida's or California's rules apply. Once appointed, the executor typically receives a grant of probate, the document that formally authorizes them to act on the estate's behalf.
Step 4: Inventory and Appraisal
The executor compiles a full inventory of the deceased person's assets and debts, including bank accounts, investments, real estate, and personal property. Courts sometimes require a professional appraisal for real estate or other high-value assets.
Step 5: Notify Creditors and Pay Debts
The executor must notify known and reasonably identifiable creditors of the death and the probate proceeding, review any claims that come in, and pay valid debts out of estate assets before anything goes to beneficiaries.
Step 6: Distribute the Assets
Once debts, taxes, and administration expenses are paid, the executor distributes what remains according to the will's instructions. If there was no will, distribution follows the state's intestacy laws instead.
Step 7: Final Accounting and Closing the Estate
The executor prepares a final accounting of every transaction and distribution made during administration and submits it to the court. Once the court approves the accounting, the estate is officially closed.
Want to see this same process broken down with more detail on costs, typical timelines, and what happens when someone contests it? Read our companion guide for answers to common probate questions.
Why Having a Will Still Matters
A will does not let your estate skip probate. What it does is remove the guesswork: it names your executor instead of leaving that decision to a court-ordered priority list, it states exactly who gets what instead of defaulting to intestacy rules, and it gives the court a clear document to validate instead of a contested vacuum that invites disputes like the one that dragged out Prince's estate for six years. The single best way to protect your family from a messy, expensive probate is to have a valid will in place before you need one. You can build one with FastWill's online will package in far less time than it would take to sit through a single probate hearing.
Frequently Asked Questions
Does having a will mean my estate skips probate?
No. Almost every estate still goes through some form of probate. A will directs how that process unfolds and who is in charge; it generally does not eliminate the need for court involvement unless the estate qualifies for a small estate or other simplified procedure in your state.
Who can file the petition to probate a will?
Usually the executor named in the will files the initial petition, though any interested party, such as an heir or beneficiary, can typically petition the court if the named executor is unable or unwilling to serve.
What happens if there is no will at all?
The court appoints a personal representative based on your state's statutory priority order, usually starting with a surviving spouse, and assets are distributed according to the state's intestacy laws instead of personal instructions.
How long does each step of probate typically take?
Timelines vary significantly by state, estate complexity, and whether anyone contests the proceeding. Simple, uncontested estates can close in several months, while disputed or complex estates, like Prince's, can take years.
Can an executor be removed once appointed?
Yes, courts can remove an executor for failing to fulfill fiduciary duties, mismanaging assets, or other misconduct, and can appoint a replacement if beneficiaries or creditors raise a valid objection.
