Skip to main content

Do I Need Probate?

Answer a few quick questions to see whether probate is required, whether a simpler path applies, and what to confirm before you start.

What this covers
  • •Whether probate is required or a simpler path applies
  • •Small-estate and summary procedures that may reduce court work
  • •What to gather before you start: assets, how things are titled, the will, and basic family facts

We know this is a hard time. This short assessment helps you understand what process likely applies, so you can focus on what matters.

Takes about 2 minutes. Free.

Note: This tool provides estimates for informational purposes only. Results are not legal advice. Fees and requirements may vary. Full disclaimer

Frequently asked questions

What should I have ready before I start?
You can answer cold, but it helps to know what assets existed (bank accounts, real estate, vehicles, retirement and brokerage accounts, insurance), how they were titled (jointly owned, in trust, payable on death, or with a named beneficiary), whether there is a will, and who the likely heirs are. Family structure can affect both the transfer path and later notices.
What is probate?
Probate is the legal process used to transfer certain assets after someone dies, pay valid estate obligations, and confirm who has authority to act for the estate. The exact procedure depends on state law and how the assets were titled.
Do all estates require probate?
No. Some assets pass outside probate by beneficiary designation, survivorship rules, trust ownership, or other transfer methods. Some states also offer small-estate shortcuts that reduce or avoid a full probate proceeding.
What is the difference between summary and formal administration?
Summary or small-estate procedures are simplified transfer paths available only when the estate fits state-specific requirements. Formal administration is the fuller court-supervised process used when the estate is larger, more complex, or otherwise outside those limits.
How long does probate take?
Simple probate matters may resolve in a few months, while formal or contested estates can take much longer. Timeline depends on the court, creditor period, asset type, and whether disputes arise.

Where to go next

Just getting started? The after-death guide and first-steps guide cover the immediate tasks. Otherwise, first confirm whether the assets you're looking at are even probate assets. A retirement account with a named beneficiary, a jointly owned home with survivorship, or anything held in a trust often skips probate. From there:

Probate Hub

Move into the broader probate decision tree and supporting pages.

Small-Estate Affidavit

Review the simplified procedure path before assuming full probate is required.

Probate Costs

Estimate the likely filing, notice, and legal cost before opening a case.

Probate Forms

Use the forms hub once you know the estate actually needs a court filing.

Probate Courts

Find the right court path and venue once the estate route is clear.

Transfer Tasks

Move into bank-account, vehicle, and property transfers after the probate decision.