If your assets are titled in your individual name, they will go through probate when you die. The judge will validate your will (if there is a will), appoint the personal representative, and oversee the probate process until the estate is closed.

If you die with a will, this is called dying testate. In a simple testate probate, the probate judge will sign orders opening the estate and appointing the personal representative. If there is real estate or a business to be sold, or property to be abandoned (i.e. time shares with high fees), the court must approve each step. The probate judge also closes the estate when all tasks have been completed.

If the testate estate is not so simple, meaning that the beneficiaries are in conflict, the probate judge will supervise and decide all disputes.

If you die intestate, meaning that you die without a will, the court has to make some decisions such as who will serve as the personal representative. If all heirs at law (i.e. those named to inherit in the state statute) agree, the court will likely appoint that person. In a simple intestate probate, the probate judge will sign orders opening the estate and appointing the personal representative. If there is real estate or a business to be sold, or property to be abandoned (i.e. time shares with high fees), the court must approve each step. The probate judge also closes the estate when all tasks have been completed.

If the intestate estate is not simple, meaning that the heirs are embattled, the probate judge must select the personal representative from those with priority to serve such as an adult child and a spouse. The judge will then oversee the entire probate process and decide all disputes. No action can be taken without the probate judges approval.

If you have questions about probate and probate avoidance, consult with a qualified estate planning attorney.