From Will to Inheritance: The Probate Process Explained From Start to Finish

By Claire Reed / October 11, 2025

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What Is Probate and Why Does It Exist

“Probate is the legal process that validates a will, settles debts, and distributes remaining assets to heirs,” explains expert source Paul Rabalais, Estate Planning Attorney.

For a concise legal overview of how probate works, see LegalZoom’s guide: The Probate Process — Four Simple Steps.

Learn more about the basics in our Understanding Probate hub or review the Probate Timeline guide to see how long each stage typically takes.

The Probate Process Step by Step

Step 1 – File the Will and Open the Estate

Step 2 – Notify Heirs and Creditors

The executor must notify heirs, beneficiaries, and known creditors that the estate is open. Proper notice protects both the estate and the executor from later disputes.

Step 3 – Identify and Secure Estate Assets

“An executor’s priority is to protect and account for all property — from personal possessions to financial accounts — until the court authorizes distribution,” says Rabalais.

Some assets, such as life insurance or retirement accounts with named beneficiaries, typically transfer directly and do not go through probate.

Step 4 – Pay Debts and Ongoing Expenses

Valid debts and final expenses — like funeral costs, taxes, and outstanding bills — are paid from estate funds before heirs receive anything. Keeping receipts and organized records prevents confusion later.

Step 5 – Prepare an Inventory and Valuation

Step 6 – Distribute Assets to Beneficiaries

“Once all debts and taxes are resolved, the executor distributes what’s left to the rightful heirs,” explains Rabalais. “Specific gifts come first, followed by the remainder of the estate divided according to the will.”

Step 7 – Close the Estate

After all obligations are satisfied, the executor submits a final report to the court. Once approved, the estate is officially closed, and the executor’s duties end.

For a deeper look at how courts oversee probate filings, read Trust & Will’s article on Probate Court Procedures.

Related reading: Use Cases & Scenarios for examples of how probate works in real families.

Executor Responsibilities and Best Practices

“Executors have a fiduciary duty to act in the best interest of the estate,” says Rabalais. “That means keeping accurate records, communicating clearly, and never mixing personal funds with estate assets.”

Additional guidance: Executor Probate Loan Guide and Probate Loans for Siblings.

Probate Costs and Who Pays Them

Typical costs include court filing fees, legal assistance, accounting, and document preparation. Executor compensation is also paid from the estate if authorized by the will or court.

Explore our Probate Costs Hub and Cost Reduction Strategies for practical savings advice.

Taxes During Probate

“The estate may need its own tax identification number and must file a final income tax return,” explains Rabalais. “In many cases, inherited assets receive a step-up in basis, reducing future capital gains tax.”

Executors should work with a qualified tax professional to ensure all forms are filed correctly before closing the estate.

Avoiding Delays and Common Pitfalls

Resources: Probate Loan Scams and Hidden Probate Costs.

How Probate Ends and Assets Are Finalized

“Once the final accounting is approved and all receipts are filed, the executor transfers remaining assets and requests closure from the court,” notes Rabalais.

At this stage, heirs officially receive their inheritances, and the estate’s records become part of the public record. Executors may retain a small reserve for taxes or final professional fees before releasing all funds.

When the Estate Lacks Cash Flow

Before choosing this option, review: Probate Advances Overview, How They Work, and Alternatives.

Final Takeaway: Understanding Brings Confidence

For more context, directly from attorney Paul Rabalais, watch his educational video on Understanding Probate.

For further help, explore our Understanding Probate Hub and Company Reviews section to learn from real-world experiences.