Probate is the legal process of administering and settling the estate of a deceased person. It involves validating the will, if there is one, and distributing the deceased person's assets to heirs or beneficiaries. The court oversees the process to ensure debts and taxes are paid before distributing the remaining assets. Probate laws and procedures can vary, impacting the complexity and duration of the process.

What Is Probate?

Probate laws can be complex and vary from state to state, making it difficult for executors to navigate the process. If you've been appointed as an executor, it's important to understand the probate laws in your state to ensure that you fulfill your duties correctly and efficiently.

To help you get started, we've put together a state-by-state guide for executors. Keep in mind that this is not a comprehensive guide, and you should always seek the advice of a qualified attorney for specific legal advice.

State by State Guide to Probate (A-Z)

Alabama: 

In Alabama, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Alabama has a simplified probate process for small estates that are worth less than $25,000.

Alaska:

In Alaska, estates valued at less than $50,000 can go through a simplified probate process. For estates valued at more than $50,000, the process can take up to a year to complete. Alaska also has a small estate affidavit that can be used for estates valued at less than $100,000.

Arizona: 

In Arizona, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Arizona has a simplified probate process for small estates that are worth less than $75,000.

Arkansas: 

In Arkansas, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Arkansas has a simplified probate process for estates valued at less than $100,000.

California: 

In California, probate can be a lengthy and expensive process. The state has some of the highest probate fees in the country. However, there are ways to avoid probate, such as setting up a living trust. California also has a simplified probate process for estates worth less than $166,250.

Colorado: 

In Colorado, estates valued at less than $50,000 can go through a simplified probate process. For estates valued at more than $50,000, the process can take up to a year to complete. Colorado has a simplified probate process for estates worth less than $50,000.

Connecticut: 

In Connecticut, probate is handled by the probate court in the town where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Connecticut has a simplified probate process for estates worth less than $40,000.

Delaware: 

In Delaware, probate is handled by the Register of Wills in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

Florida: 

In Florida, probate is handled by the circuit court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Florida has a simplified probate process for estates worth less than $75,000.

Georgia: 

In Georgia, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Georgia has a simplified probate process for estates worth less than $10,000.

Hawaii: 

In Hawaii, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

Idaho: 

In Idaho, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

Illinois: 

In Illinois, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Illinois has a simplified probate process for estates worth less than $100,000.

Indiana: 

In Indiana, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Indiana has a simplified probate process for estates worth less than $50,000.

Iowa: 

In Iowa, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

Kansas: 

In Kansas, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Kansas has a simplified probate process for estates worth less than $40,000.

Kentucky: 

In Kentucky, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

Louisiana: 

In Louisiana, probate is handled by the probate court in the parish where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

Maine: 

In Maine, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

Maryland: 

In Maryland, probate is handled by the Register of Wills in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Maryland has a simplified probate process for estates worth less than $50,000.

Massachusetts: 

In Massachusetts, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

Michigan: 

In Michigan, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Michigan has a simplified probate process for estates worth less than $15,000.

Minnesota: 

In Minnesota, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

Mississippi: 

In Mississippi, probate is handled by the chancery court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

Missouri: 

In Missouri, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Missouri has a simplified probate process for estates worth less than $40,000.

Montana: 

In Montana, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

Nebraska: 

In Nebraska, probate is handled by the county court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

Nevada: 

In Nevada, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Nevada has a simplified probate process for estates worth less than $100,000.

New Hampshire: 

In New Hampshire, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

New Jersey: 

In New Jersey, probate is handled by the surrogate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. New Jersey has a simplified probate process for estates worth less than $20,000.

New Mexico: 

In New Mexico, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

New York: 

In New York, probate is handled by the surrogate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

North Carolina: 

In North Carolina, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. North Carolina has a simplified probate process for estates worth less than $20,000.

North Dakota: 

In North Dakota, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

Ohio: 

In Ohio, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Ohio has a simplified probate process for estates worth less than $35,000.

Oklahoma: 

In Oklahoma, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

Oregon: 

In Oregon, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

Pennsylvania: 

In Pennsylvania, probate is handled by the Register of Wills in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Pennsylvania has a simplified probate process for estates worth less than $50,000.

Rhode Island: 

In Rhode Island, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

South Carolina: 

In South Carolina, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. South Carolina has a simplified probate process for estates worth less than $25,000.

South Dakota: 

In South Dakota, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs.

Tennessee: 

In Tennessee, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs

Whether you have lost a loved one before or new to the process, the Bereave forever-free platform will guide you through the process with additional relevant content, media, and resources.

Texas:

In Texas, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Texas has a simplified probate process for small estates that are worth less than $75,000.

Utah:

In Utah, estates valued at less than $100,000 can go through a simplified probate process. For estates valued at more than $100,000, the process can take up to a year to complete. Utah also has a small estate affidavit that can be used for estates valued at less than $100,000.

Vermont:

 In Vermont, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Vermont has a simplified probate process for estates worth less than $25,000.

Virginia: 

In Virginia, probate is handled by the circuit court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Virginia has a simplified probate process for estates worth less than $50,000.

Washington: 

In Washington, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Washington has a simplified probate process for estates worth less than $100,000.

West Virginia:

In West Virginia, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. West Virginia has a simplified probate process for estates worth less than $100,000.

Wisconsin:

 In Wisconsin, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Wisconsin has a simplified probate process for estates worth less than $50,000.

Wyoming: 

In Wyoming, probate is handled by the probate court in the county where the deceased person lived. The process typically takes six months to a year, and the estate must be settled before any assets are distributed to heirs. Wyoming has a simplified probate process for estates worth less than $200,000.

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Help With Probate

Whether you have lost a loved one before or new to the process, the Bereave forever-free platform will guide you through the process with additional relevant content, media, and resources.