What is probate
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
What probate usually covers
- Recognizing the executor or estate representative
- Gathering probate property and relevant records
- Paying valid debts, taxes, and administration costs
- Distributing remaining probate property under the will or state law
Why all property is not treated the same way
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.
Why probate and trusts are linked in search behavior
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.
How the executor role fits in
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.