Probate is a process for determining heirs, paying creditors, and distributing assets. You can't avoid probate with a will. Any contractual asset (bound by contract) payable to the estate of the owner must go through probate court. It also only applies to individual or jointly-owned property.

Typically, after a death, the estate executor will file the will with the court, who will determine its validity. If you die without a will, a personal representative will file a petition with the court. Then the court appoints an administrator, usually the nearest relative. Notice of probate proceedings are published in the local newspaper to alert anyone with claims against the estate to file them, usually within five months.

• Did You Know...?
  The Uniform Probate Code, established in 1969 and adopted by 18 states, specifies the rights of a surviving spouse when their spouse dies without a will or trust. Their rights include:
  • If there are no parents, children, or grandchildren of the deceased spouse, the surviving one inherits the estate.
  • If a parent survives, the surviving spouse inherits the first $50,000, then splits the remaining half of the estate.
  • If a child or grandchild survives, the surviving spouse inherits the first $50,000, then splits the remaining half of the estate.

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