Probate is the court process following a person's death that includes:

• Proving the authenticity of the deceased person's will
• Appointing someone to handle the deceased person's affairs
• Identifying and inventorying the deceased person's property
• Paying debts and taxes
• Identifying heirs, and
• Distributing the deceased person's property according to the will or, if there is no will, according to state law.

Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

 

 

QUICK LINKS 

The following are some helpful quick links to the definitions of commonly used Estate Planning terms:

• Wills

• Trusts

• Probate

• Power of Attorney

• Advance Health Care Directive

• Conservator

• Special Needs Trust