What Is Probate?

When someone dies owning property in their own name, that property generally must pass through probate before it can be legally sold or transferred. The probate court oversees validating the will, appointing a personal representative, settling debts, and distributing what remains.

Probate timelines vary widely — from a few weeks for small estates using simplified procedures, to many months or more than a year for complex or contested estates. Michigan, Tennessee, and Florida each have their own probate rules and small-estate thresholds.

In many cases, you can put an inherited house under contract during probate and time the closing for when the personal representative has authority to sell, rather than waiting for the entire estate to settle.