Probate is the legal process used to administer a deceased person's estate. In practical terms, that often means identifying probate property, working through the will, recognizing the executor or personal representative, paying valid obligations, and distributing the remaining estate according to the governing documents and state law.
Last reviewed: March 9, 2026
Reviewed against: probate and executor references listed on the sources page.
Publisher: Larry Trustee AI Editorial Team | hello@larrytrustee.ai
Not every asset follows the probate path. Property already titled in a trust may be handled under the trust. Assets with beneficiary designations can also follow separate transfer rules. That is why modern estate plans often compare probate property, trust property, and beneficiary-designation property instead of treating the entire estate as one bucket.
Many people search probate because they are deciding whether a revocable living trust or coordinated trust-plus- will plan would reduce friction later. The real question is often not probate alone. It is whether the plan is organized so the right assets are in the right lane before death.
The executor usually handles probate administration, while the trustee manages trust property. One person can sometimes serve in both roles, but the authority still comes from different documents and procedures. That is why trust planning and probate planning need to be coordinated, not treated as the same thing.
Probate is the legal process for administering a deceased person's estate, including validating a will when required, collecting estate property, paying obligations, and distributing probate assets.
No. Property already held in a trust or assets controlled by beneficiary designation may follow different transfer rules and may not pass through the same probate workflow.
The executor named in the will, or another court-recognized personal representative, typically handles probate administration.