What is probate?

Probate is a legal process that's used to settle someone’s estate after they die. This is how courts confirm who is allowed to act, what assets exist, and how those assets are distributed.

If there is a will, this is where the courts validate it and accept 

If this is the first time you are seeing the word "probate before", you're not alone. Most people don’t come across it until they’re already dealing with a loss.

The Explanation

When someone dies, there has to be a way to legally:

• Confirm the death

• Validate the will (if one exists)

• Identify who has authority to act

• Make sure debts and taxes are handled

• Transfer property and assets correctly

Probate is process in what that happens. It’s not an indication that something went wrong. It's not a lawsuit or a punishment. It's how the  courts organize someone’s affairs.

Does Every Death Go Through Probate?

No. And this is where a lot of confusion starts.

Probate may be required if:

• The person owned property in their name only
  
  

• There is a will that needs to be validated
  
  

• There are assets without a named beneficiary
  
  

Probate may not be required if:

• Assets were jointly owned
  
  

• Accounts had designated beneficiaries
  
  

• The estate is small (rules vary by state)
  
  

• Assets were held in a trust
  
  

Many estates involve some probate activity but not a full, lengthy process.

What Actually Happens During Probate

Probate is mostly administrative. It usually includes:

• Filing the will and death certificate with the court
  
  

• Appointing an executor or administrator
  
  

• Identifying assets and debts
  
  

• Paying valid bills and taxes
  
  

• Distributing what remains according to the will or state law
  
  

For many families, this happens quietly in the background with help from an attorney or clerk. It is rarely dramatic.

How Long Does Probate Take?

There is no single timeline.

Some probates are resolved in a few months. Others take a year or more, especially if:

• Property must be sold
  
  

• Records are incomplete
  
  

• There are disputes
  
  

• Multiple states are involved
  
  

The important thing to know is this: probate is not something you rush. The system is designed to move deliberately, not quickly.

Is Probate Public?

Yes. Probate filings are generally public record.

That said, most estates receive little to no attention. Probate being “public” does not mean people are actively reviewing your situation—it simply means the process is documented.

Do You Need a Lawyer for Probate?

Not always, but often.

Simple estates can sometimes be handled without legal help. More complex estates almost always involve an attorney, even if only briefly.

Getting guidance does not mean you’ve failed or made a mistake. It usually means you’re trying to avoid one.

What Probate Means for You (Specifically)

This depends on your role.

• If you are the executor: Probate is likely part of what gives you authority to act.
  
  

• If you are a beneficiary: Probate is how assets are legally transferred to you.
  
  

• If you are neither: You may not need to be involved at all.
  
  

Many people worry about probate before knowing whether it actually applies to them.

That worry is understandable—and often unnecessary.

Common Misconceptions About Probate

• Probate does not mean the estate is “in trouble”
  
  

• Probate does not automatically mean high costs
  
  

• Probate does not require constant action from family members
  
  

• Probate does not mean assets are frozen forever
  
  

Most probate cases are routine. They feel overwhelming because they happen during a hard time—not because the process itself is extreme.

When You Should Pay Attention to Probate

Probate is worth paying attention to if:

• You’ve been named executor
  
  

• You’re being asked to sign documents
  
  

• Property or accounts are involved
  
  

• You’re unsure who has authority
  
  

If none of those apply, probate may simply be something happening in the background.

Why Guidance Matters

Probate is one of those processes people hear about without explanation. That lack of clarity can create unnecessary stress, especially when you’re already navigating loss.

Guidance matters because understanding what probate is—and whether it applies to you—helps you avoid worrying about steps that aren’t yours to take. Waypoint exists to give you that clarity in plain language, without pressure or urgency, so you can move forward knowing where you stand.