AfterLoss

AfterLoss practical guide

Probate: the questions to answer first

A plain-language framework for deciding what information to gather before assuming an estate must—or must not—go through probate.

Probate is not determined by the will alone

Whether a court estate administration is needed can depend on the state, the type and value of property, how assets are titled, beneficiary designations, trusts, creditor issues, real estate, disputes, and available simplified procedures.

Inventory before assuming

Separate solely owned assets from trust-owned property, joint ownership with survivorship, payable-on-death or transfer-on-death accounts, retirement and insurance beneficiaries, and other non-probate transfer mechanisms.

Identify authority

Being named in a will does not always mean an institution will accept your signature immediately. Courts or institutions may require formal appointment or other proof of authority.

Find the correct court

Use the official state or local court system to identify the correct probate, surrogate, orphan’s, chancery, or other estate court. Court names and procedures vary considerably by jurisdiction.

Important: This guide is organizational education, not legal, tax, medical, financial, or fiduciary advice. State law, ownership, family circumstances, court rules, and deadlines can change what applies.

Primary resources

USAGov — certified death certificatesUSAGov — agencies to notify after a deathIRS — deceased person tax guidanceFTC — Funeral RuleSocial Security — what to do when someone dies

Turn the guide into a working case

Use AfterLoss to personalize tasks, track contacts, documents, assets, debts, provider quotes and follow-ups, then generate a professional handoff report.

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