How To Probate a Will

Probating a will is the legal process of proving its validity and settling a loved one’s estate. It can feel overwhelming, especially when you’re grieving, but understanding how to probate a will can make it more manageable. With the right guidance, you can navigate probate efficiently, fulfill your legal responsibilities, and focus on what matters most: honoring your loved one’s wishes.

What To Do With a Will When Someone Dies

When someone passes away, their will should be located as soon as possible. This document outlines how they wanted their assets distributed and names the executor responsible for carrying out those wishes. If you’re the executor—or believe you may be—you’ll need to secure the original, signed will and keep it safe. Look in common storage spots like a home safe, filing cabinet, or safe deposit box, or check with their attorney if they had one. 

Next, the will must be filed with the probate court in the county where the person lived. This step makes the document a matter of public record and officially begins the probate process. Even if the estate doesn’t require full probate, most states still require the will to be filed. From there, the court will confirm the executor’s authority to act on behalf of the estate, allowing you to start paying debts, managing assets, and distributing property according to the will’s instructions.

Step by Step Probate Guide

This guide breaks down the steps of probate  so you can understand what needs to be done, when, and why. With a clear plan, you’ll be better equipped to navigate the legal process. 

Step 1: File the Will With the Probate Court

Locate the original, signed will and submit it to the probate court in the county where your loved one lived. This officially starts the probate process and makes the will part of the public record.

Step 2: Petition for Executor Appointment

If you’re named as executor, you’ll need to petition the court for formal appointment. Once approved, you’ll receive legal authority to manage the estate’s affairs.

Step 3: Notify Beneficiaries and Creditors

The executor must inform all beneficiaries named in the will and any legal heirs, as well as known creditors. Creditors are individuals or businesses that are owed money by the person who has died—like a mortgage lender, credit card company, or medical provider. This ensures everyone with a potential claim or interest in the estate is aware of the probate proceedings.

Step 4: Inventory the Estate’s Assets and Debts

Create a complete list of the estate’s property, accounts, and outstanding debts. The inventory provides the court with a clear picture of what’s in the estate and helps guide the next steps.

Step 5: Pay Debts, Taxes, and Expenses

Settle valid debts, cover final expenses, and file any necessary tax returns. This step ensures that all financial obligations are met before distributing assets to beneficiaries.

Step 6: Distribute Assets to Beneficiaries

Once debts and taxes are handled, you can transfer the remaining assets according to the will’s instructions. After this step, you can file a petition to close probate with the court thus completing the process and fulfilling your loved one’s wishes. 

How Do You Execute a Will? 

Executing a will means carrying out the instructions it contains after the person who made it has passed away. Essentially, it’s the process of following the will’s directions by going through the steps of probate listed above. Executing a will involves ensuring assets are distributed to the named beneficiaries, debts and expenses are paid, and any other wishes are honored. The person responsible for doing this is the executor, who has a legal duty to act in the best interest of the estate and follow the will exactly as written.

FAQs: 

What makes a will go into probate?

A will goes into probate when the person who made it passes away. The court then needs to validate the document, appoint an executor, and oversee the distribution of assets. 

Do I need probate if there is a will?

Yes, in most cases probate is still required even if there is a will. The probate process validates the will, authorizes the executor to act, and ensures debts, taxes, and distributions are handled according to state law.

How long do you have to file  for probate after death?

The deadline to file probate after death varies by state, but it’s often within a few months to a year. Missing this window can cause delays, legal complications, or limit your ability to manage the estate.

Who determines if probate is necessary?

Whether probate is necessary is usually determined by the probate court, based on state laws and the nature of the estate’s assets. In many cases, the executor or an attorney initiates the process by filing the will or notifying the court, which then decides if probate is required.

Get Help With Probate or Estate Planning Today

Probate can be complex, time-consuming, and emotionally draining—but you don’t have to navigate it alone. Whether you’re settling an estate or planning ahead to protect your own, our online, attorney-approved documents and guided process make it simple, secure, and affordable. Start today and take the first step toward peace of mind for you and your family.

Trust & Will makes estate planning simple so you can create a customized, state-specific plan from the comfort of your own home. Take our free quiz to discover which estate plan best fits your needs today, to secure your family’s future.

Is there a question here we didn’t answer? Browse more topics in our learn center, visit our Frequently Asked Questions (FAQ) page,  or chat with our member support!

Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.