Probate 101: What You Should Know About Probate (or Avoiding Probate)
By Jessica Sillers — Sep 3, 2019
When you’re grieving, a complicated legal and financial process is the last thing you want to deal with. But often, that’s exactly what happens when families go through the probate process after losing a loved one.
Understanding the probate process can help keep you from getting caught by surprise.
Who takes charge of a will after someone dies? What happens if someone dies without a will? Is there any way to avoid a lengthy probate process and pile of legal paperwork?
We’ll break it down for you.
What Is Probate?
Probate is the legal process of administering a person’s estate after their death. If you have a last will and testament, probate will involve proving that your will is legally valid, executing your instructions and paying applicable taxes.
Having a clearly written will is one way to make the probate process easier on your loved ones. After all, your will doesn’t only specify who should inherit what. It also designates who you’d like to take care of your kids if both parents were to pass away, plus the executor who should fulfill the instructions in your will.
If you die without a will, the probate court will rely on your state’s intestate law to figure out how to distribute the person’s stuff. (You know how Prince’s heirs had trouble inheriting his assets because he didn’t have a will? Yeah, like that.)
Terms to Know
Legal proceedings often involve terminology that can be overwhelming when you’re already dealing with a lot. A few useful probate terms to know:
Decedent: The deceased person whose estate is going through probate.
Executor or personal representative: The person in charge of carrying out the instructions in the will.
Administrator: A court-appointed executor, if someone dies without leaving a will.
Intestate: A case where someone dies without a will.
Intestacy: State laws determining how to distribute such estates.
Letters testamentary: A document from a probate court authorizing the executor to start carrying out the will.
Notice of probate and notice to creditors: Notices that the executor has to submit, in writing, to the heirs (“interested parties”) and creditors.
Small estate affidavit, summary probate and/or summary administration: Documents or processes that can allow you to skip or shorten certain aspects of probate (i.e. distribute property without a lengthy court process). Estates below a certain value (depending on your state) are eligible for this.
Step-by-Step Guide to Navigating Probate Court
Your probate experience will be determined by your own state laws, but here’s how the process generally goes.
Step 1: Open Probate
An executor can’t jump right in and start passing along family heirlooms and inheritances. The first step is filing a petition with the probate court to open the process and “prove” the will. Until that happens, they’re not allowed to distribute or discard any property. (Though they often can take steps to protect the property, like clearing leaves and debris out of the roof gutters to prevent water damage—but check with an attorney to make sure.) The probate court’s role here is to verify that the will is legally valid.
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6 Attitudes That Breed Financial Failure
By Kentin Waits WiseBread
Financial success or failure is often the result of attitudes — both conscious and unconscious — that affect our behavior. No amount of budgeting and self-control can help us when we’re up against ingrained ideas about money management, spending, and debt. If you’re having a tough time shifting your financial behavior, maybe it’s time to change your mind about money. Here are six common attitudes that work against us financially.
Plan B Options for folks on Social Security
Notes From the Field By James Hickman (Simon Black / Sovereign Man) October 27, 2026
In the early morning hours of February 7, 1937, a young American named Stirling Dickinson got off a train in central Mexico and rode into San Miguel de Allende on a mule-drawn cart.
He and a Princeton classmate were months into a trip around Mexico looking for a quiet place to write, and a Mexican opera singer had told them to try San Miguel.
A Condo in this Ghost City Gets You Ten Years Residency
Notes From the Field By James Hickman (Simon Black / Sovereign Man) October 22, 2026
On March 6, 2016, Malaysia’s prime minister, Najib Razak, turned up for the grand opening of a city that did not exist yet, two kilometers off the coast from Singapore.
It was called Forest City, and the plan was enormous. One of the largest property developers in the world came in to build four artificial islands in the strait and put a “smart, green” city of 700,000 people on them, at a cost of roughly $100 billion.
Avoid These 4 Common Mistakes When You Get Rich Overnight
September 4, 2025 by Laura Bogart GoBankingRates
You’re about to score a financial touchdown. Maybe you’ve crushed it at work and landed a sweet promotion. Perhaps you’ve won a lottery or stumbled into a side hustle that suddenly pays off. As you near the end zone, heart pounding, head full of dreams, you can’t afford (literally) to fumble. Whether you’re blindsided by unexpected taxes or tripped up by bad financial advice, you have a lot to lose if you drop the ball.
6 Common Excuses for Not Saving Money By Tara Struyk
Have you ever settled on a new exercise program, only to get a bad cold a few days in and happily throw yourself on the couch, relieved to have a handy excuse? Excuses must be human nature; I know I usually make them when I'm facing something that’s new, that's hard, or that I just don’t enjoy. And I’ve certainly made excuses when it comes to money.
In the years that I’ve been writing about personal finance and investing, I’ve also heard my fair share of excuses, mostly from readers who don’t agree with my advice. The problem is, unlike good financial habits, excuses are easy to come by, even though most of them just don’t stand up to reason. Check out some of the ones I’ve heard most frequently so far.
How To Make Strategic Cash Bucketing Work For You
Last Edited Sep 16, 2026| Angelena Mascilli
Cash bucketing – or categorizing your funds based on specific expenses or goals – can help you organize your financial life.
Cash and other liquid assets may be the ideal place for buckets of money that you may need to access soon to cover expenses or capitalize on new investment opportunities.
3 Savings Moves To Make Post-Fed Rate Hike
By Matt Richardson September 17, 2026 CBS News MoneyWatch: Managing Your Money
With interest rates rising again, savers will want to take certain steps now to take advantage.
Savers on Thursday woke up to a new financial climate marked by the first interest rate hike from the Federal Reserve in more than three years. Now at a range between 3.75% and 4.00%, a new, higher federal funds rate is expected to lead to even higher rates for savers than they've already been accustomed to in recent years. And while that change will look different based on the account type and the bank in question, savers are undoubtedly now entering a more profitable period, especially if the Fed proceeds with another interest rate hike when it meets again in October.
5 Steps To Master Your Money
Simple strategies to help fund your future.
Fidelity Viewpoints
Key takeaways
Define clear goals and make a plan to help guide your financial decisions.
Set up automatic transfers to help boost your savings and keep you on track.
Build up your emergency savings to cover unexpected essential expenses
Debt management: How To Avoid Common, But Costly, Money Mistakes
May 27, 2026 Malena de la Fuente and Aaron Goodman
Americans are carrying more debt than ever before. Total household balances now approach $19 trillion, reflecting a steady increase over the past decade.1 In 2025, millennials in their mid-30s held roughly twice as much nonhousing debt—including student loans, auto loans, and credit card debt—as baby boomers did at a similar age.2
9 Ways Retirement Will Be Different in 2026
By Cameron Huddleston and Deirdre Shesgreen, AARP
How changes to Social Security, Medicare, 401(k) contributions and more will affect your finances
Retirement may seem like the most stable period of your life, with no work demands, no kids to cart around and lots of free time. But this dynamic new chapter comes with its own twists and turns. Your lifestyle, expectations and finances continue to change. And in 2026, big shifts are coming — from Social Security payments and Medicare expenses to how you save and spend.
12 Key Habits for Achieving Financial Freedom
Set yourself on the path to saving with these habits
By Matt Danielsson Updated March 06, 2026
Key Takeaways
Set financial goals and create a plan to achieve them.
Make and stick to a budget covering all financial needs.
Pay off credit cards monthly and minimize debt.
Automate savings with an emergency fund and retirement contributions.
U.S. consumers can request a free annual credit report from major agencies.
The Seven Deadly Sins Of Personal Finance
By J.D. Roth —03 June 2019
I've been reading and writing about personal finance for more than thirteen years. In that time, I've consumed a lot of books about money. Lately, I've found that it's fun to revisit old favorites.
Recently, for instance, I've been re-reading Brett Wilder's The Quiet Millionaire [my review]. It's different than most personal finance books. It's targeted at those who are farther along their financial journeys rather than at those just starting out. Still, there are bits and pieces in The Quiet Millionaire that are applicable to everyone.
5 Reasons Not to Use Debit Cards When You Shop Online
By Holly Johnson.
Many consumers use their debit cards for everything they buy. Using debit instead of paying with a credit card can help you avoid the potential for debt. The money is taken out of your bank account directly and immediately, so there’s little chance to spend more than you have, unlike using a credit card.
5 Pieces of Financial Advice to Avoid at All Costs
Suze Orman on the commonly accepted money tips it pays to ignore.
By Suze Orman
Bad financial information doesn't come only from scammers; even our loved ones can unwittingly steer us wrong. That's why knowing what not to do with your money is often your biggest asset. In general, there are two little words that should set off everybody's suspicion meter: Trust me. Anyone who gives you this line—whether a financial adviser or your significant other—is disrespecting you.
Powerball Winner Wished He 'Tore Up Ticket' After $315m Jackpot Destroyed Him
Story by Liam McInerney
The world's largest lottery is launching in the UK this week - offering a fortunate British player the chance to become more than £300million ($400m) wealthier. Powerball, an American lottery game, awards massive jackpots that are distributed over a 30-year period.
Today (July 23) marks the inaugural UK draw with an estimated top prize exceeding £300m - the biggest jackpot ever made available in Britain. Allwyn, which operates the National Lottery, has opened the game to UK participants, who will be entering alongside American players.
No Such Thing as Enough Money
Jacob Schroeder Oct 27, 2021
How much money is enough?
It’s a philosophical money question that often arises out of discontent. We see someone of substantial means, like a celebrity, live a troubled life. Or, we ourselves experience great fortune yet feel unhappy.
It makes us wonder where the finish line is, the point when you can stop striving for more and settle into a life of satisfaction.
The Relationship Between Money and Marriage
Jacob Schroeder Oct 12, 2021
I love scotch; she hates it.
There are many things my wife and I don't agree on, but money isn't one of them. We are intentional spenders, buying only what mutually aligns with our needs or values. For instance, disinterested in paying for the trappings of an ostentatious wedding, we tied the knot at New York's City Hall; our reception was watching our first son play at a public playground in the East Village on a warm fall afternoon.
We've been happily together for 16 years, which makes me wonder: Does love make the financial side of marriage work, or is it the other way around?
Europe Just Bragged About Losing to Gold
Notes From the Field By James Hickman (Simon Black / Sovereign Man) June 4, 2026
When the euro launched on January 1, 1999, it was sold as the future. It would be a single currency to knit Europe together — to wipe out the exchange-rate friction between member states, complete the continent's single market, and bind a dozen squabbling nations into one economic bloc with one money.
And in the grander ambitions of its architects, it was meant to do something more: to grow up into a true global currency, the first serious rival the US dollar had faced since World War II.
Brazil’s Massive Crash Is A Sign Of Things To Come In The West
Notes From the Field By James Hickman (Simon Black / Sovereign Man) October 29, 2026
On Sunday night, Brazil re-elected its left-wing president, Lula da Silva. On Monday morning the São Paulo stock market fell so hard at the open that the exchange halted trading for the first time since the pandemic. When trading resumed, Brazil’s stock market kept falling.