When a person dies, the decedent's estate is reviewed by the probate court. The court determines whether or not a will is valid. One or more witnesses who signed the will may be called to testify or sign an affidavit regarding its validity. Any person who is affected by the will must be notified of the court proceedings. These might include surviving family members, business partners, and creditors. It is possible for a person to cut close family members out of his/her will. However, these decisions are often contested and do not always hold up in probate court.

The court appoints an individual to handle the distribution of assets. This individual may be an executor named in the will or an administrator appointed by the court. After all taxes and debts are paid, probate is closed out by the court. At this time, the remaining assets can be distributed according to the stipulations in the will. In some states, there are alternatives to probate for settling small estates worth only a few thousand dollars. However, these processes do not necessarily take less time. If there is no will, the estate must still go through probate court. It will be handled according to state law with no regard for the presumed wishes of the deceased.