What Is Probate? A Plain-English Explanation

Probate is the court-supervised process of settling a deceased person's estate. In plain terms, the court oversees identifying what the person owned, paying their valid debts and taxes, and distributing what remains to the rightful heirs or beneficiaries.

The court appoints a personal representative, an executor if there is a will or an administrator if there is not, to carry out these tasks under a legal duty to act in the beneficiaries' best interest. When the estate includes a home titled in the decedent's name alone, probate is usually what gives the representative authority to sell it.

Why it exists

Probate provides an orderly, supervised way to transfer a person's assets and protect creditors and heirs. It can feel slow and formal, but with an experienced attorney and a probate-savvy agent, the home sale within it can be handled efficiently.

General information based on the California Probate Code. Not legal advice.