Probate, in plain English

1. The executor named in the will applies to the court. If there is no will, a relative applies to be administrator instead.
2. The court issues a document confirming their authority — often called letters testamentary or a grant of probate.
3. They gather the assets, and notify banks, insurers and creditors.
4. Debts, final bills and any taxes are paid out of the estate.
5. What is left is distributed to the beneficiaries.
6. A final account goes back to the court, and the estate closes.

Commonly several months to a year; longer if the estate is complicated, property has to be sold, or somebody contests the will. Costs come out of the estate, not the executor's pocket — court fees, and usually an attorney.

Many places have a simplified route for small estates, which is faster and much cheaper. It is worth asking about before assuming the full process applies.

• Assets held in a trust — a common reason people set one up
• Life insurance and retirement accounts with a named beneficiary
• Accounts marked payable-on-death or transfer-on-death
• Property owned jointly with right of survivorship

Probate is public, and it is slow. Both are reasons families are caught out: the will becomes a matter of record, and money can be locked up for months while the funeral and the bills still have to be paid. Knowing which of your assets skip it — and telling your family where everything is — removes most of the pain.