The probate courts govern the transfer of property from a deceased person to his/her heirs. Without this process, a title transfer may not be considered valid. Many people do not realize this and assume that a small estate does not need to be probated. Then, when relatives attempt to sell property owned by the deceased in order to pay for things like funeral expenses they find out that they cannot legally do so. In some states, the probate courts do offer simplified procedures for estates worth only a few thousand dollars. However, such exemptions must be requested by the person administering the estate.

Any person who wishes to contest the validity of a will can be heard in the probate court. However, probate courts generally have little jurisdiction over assets that are granted to beneficiaries named in a trust, life insurance policy, or retirement account. The title and ownership of assets in a trust can legally bypass the probate process since they were technically not "owned" by the deceased at the time of his/her death. Instead, they are owned by the trust which continues to exist.