What is probate, and why does everyone want to avoid it?

Updated 2026-10-16 · Expert review in progress

The short answer

Probate is the court process that settles a person's estate after death. A court confirms the will, appoints someone to act, and that person pays debts and taxes and hands out what is left. People avoid it because it takes months, costs money and creates a public court file.

Probate is one of those words people hear often and rarely see explained. Maybe a friend just spent a year settling her mother's estate and told you to avoid it at all costs. Or maybe you are writing a will and wondering what happens to it afterward.

Here is what probate actually is, what happens during it, and why it has the reputation it does. We use Washington as the worked example, citing the statutes in Title 11 of the Revised Code of Washington. For the full job of the person who runs it, see our guide to the executor of an estate.

What is probate?

Probate is the court-supervised process for settling the estate of someone who has died. A court confirms that a will is valid, or notes that there isn't one. It then gives one person legal authority to collect the property, pay what is owed and pass on the rest.

That person is the personal representative. Washington law uses "executor" for a personal representative named in a will, and "administrator" when there is no will (RCW 11.02.005). Either way, the job is the same.

In Washington, a will is admitted to probate by application to the superior court. The court's order admitting the will is conclusive unless someone contests it (RCW 11.20.020).

What happens during probate?

The steps vary by state, but the outline is similar almost everywhere. Here is Washington's version.

The court appoints a personal representative. Once the will is admitted, the court issues "letters testamentary," the paper banks and title companies ask to see (RCW 11.28.010).
Heirs and beneficiaries are told. Within 20 days of appointment, the personal representative sends written notice of the probate to heirs and beneficiaries (RCW 11.28.237).
Creditors are given notice. The personal representative may publish a notice to creditors once a week for three weeks in a legal newspaper (RCW 11.40.020). Most creditors then have four months from the first publication to come forward (RCW 11.40.051).
Everything is listed and valued. Within three months of appointment, the personal representative prepares a sworn inventory, valued as of the date of death (RCW 11.44.015).
Debts and taxes are paid. That includes final bills, the final income tax return and, for larger estates, estate tax.
What is left is distributed. The property goes to the people the will names, or to heirs under state law if there is no will.
The estate is closed. The court, or a filed declaration, ends the personal representative's job.

Our post on the probate process, step by step goes through each stage in more detail.

What if there is no will?

Probate still happens, but state law decides who inherits. In Washington, the order starts with a surviving spouse or registered domestic partner. It then moves to children and grandchildren, then parents, then brothers and sisters and their children, then grandparents and their descendants (RCW 11.04.015).

A close friend, a favorite charity or the neighbor who walks the dog does not appear on that list. Only a will or another signed document can include them. Our post on what happens if you die without a will explains the rest.

What does a will not control?

Probate covers property in the person's name only, with no beneficiary or surviving joint owner. Many assets pass another way. Washington calls these nonprobate assets.

The statute's list includes survivorship and payable-on-death accounts, transfer-on-death deeds and securities, and IRAs. It also includes property in a revocable trust that becomes irrevocable at death (RCW 11.02.005). Those go straight to the named person or the trustee, without a probate case.

So two people with the same savings can have very different experiences. One estate has a house and accounts in her name only and goes through probate. The other has the same things held in a trust or with beneficiaries named, and mostly skips it.

Why does everyone want to avoid probate?

The reputation comes from three things: time, cost and privacy. None of them is a disaster, but each is real.

It takes time

Probate has built-in waiting periods. In Washington, an estate can't safely close before the four-month creditor period ends (RCW 11.40.051). A will contest can be filed for four months after the will is admitted (RCW 11.24.010).

Estates large enough to owe estate tax have returns due nine months after death. Our post on how long probate takes lays out every deadline.

It costs money

The personal representative may be paid. In Washington, the court allows compensation it deems "just and reasonable" when the will doesn't set it (RCW 11.48.210). There are also court filing fees, the newspaper notice, and often a lawyer and an accountant.

Our post on probate fees covers what drives the cost.

It is a court file

Probate is a court case, and court records are generally open to view. Washington's court rule on access says the courts aim to facilitate access to court records, with limits for reasonable privacy (GR 31). A trust, by contrast, is settled privately.

Is probate in Washington really that bad?

Often less than its reputation. Washington has two features that make it lighter than in some states.

Nonintervention powers. The court must grant them to a personal representative named in the will if the estate is solvent, unless the will says otherwise (RCW 11.68.011). The personal representative can then sell property and pay bills without returning to court for each step.

A short closing. With nonintervention powers, the personal representative can file a declaration of completion instead of asking for a final decree. If nobody objects within 30 days of filing, it works like a court decree and the personal representative is discharged (RCW 11.68.110).

The inventory also doesn't have to be filed with the court (RCW 11.44.015). That keeps the list of what someone owned out of the public file.

Other states differ. Some require more court supervision, so check your own state's rules.

Does every estate need probate?

No. Washington has a small estate affidavit. If the probate estate is $100,000 or less after liens, a successor can collect property by affidavit. They must wait 40 days after the death and meet the statute's other conditions (RCW 11.62.010).

And if everything already passes outside probate, there may be nothing for a court to do. That is why planning often focuses on beneficiary forms and trusts.

If most of the estate is...	Probate is likely to be...
In your name only, with no beneficiary	Needed, unless the estate is small enough for an affidavit
In a funded revocable trust	Mostly avoided; a pour-over will may still need probate for stragglers
In accounts with named beneficiaries or joint survivorship	Avoided for those accounts
A Washington probate estate of $100,000 or less	Often handled by affidavit after 40 days

Our post on how to avoid probate walks through each method and its tradeoffs. If you are weighing a will against a trust, see will vs trust.

Who runs probate, and does it have to be family?

Someone has to do the work, whether it is a son across the country, a sister nearby or a professional. The personal representative is a fiduciary, meaning legally required to act in the estate's interest and follow what the will says.

In Washington, trust companies organized under state law may serve as personal representative (RCW 11.36.010). Kinly members can name Trella Trust Company, a Washington State chartered trust company, as executor, first or as backup to a person they choose.

Choosing who will serve is its own decision. Our guide to the four roles in an estate plan covers how to choose for each one.

Common questions

What is probate in simple terms?

Probate is the court process for settling an estate after someone dies. A court confirms the will, appoints a personal representative, and that person pays debts and taxes and distributes what is left. Assets with a named beneficiary or held in a trust usually skip it.

Do you have to go through probate if there is a will?

Not always. A will only controls property that goes through probate, and probate is needed only when there is property in the person's name only. In Washington, a probate estate of $100,000 or less can often be collected by affidavit after 40 days.

What assets don't go through probate?

In Washington, nonprobate assets include survivorship and payable-on-death accounts, transfer-on-death deeds and securities, and IRAs. Property in a revocable trust that becomes irrevocable at death also counts. They pass to the named person or trustee directly.

Is a will public after death?

When a will is filed in a probate case, it becomes part of a court file. Washington's court rule says the courts aim to facilitate access to court records, with limits for reasonable privacy. A trust that never goes to court stays private.

Who is in charge during probate?

The personal representative, appointed by the court. In Washington, an executor named in the will is usually appointed, and a trust company organized under state law can also serve.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

Executors and settling an estateHow long does probate take in Washington?How long does probate take? Washington's actual deadlines, from the four-month creditor period to nine-month tax returns, and what stretches an estate.Executors and settling an estateHow to avoid probate: the simplest ways that workHow to avoid probate in Washington: beneficiary forms, payable-on-death accounts, transfer-on-death deeds and a funded living trust, with the catch for each.Executors and settling an estateExecutor of an estate: the job, start to finishWhat an executor of an estate actually does, step by step: opening probate, notifying heirs and creditors, paying debts and taxes, and closing the estate.