When someone dies owning assets in their own name without a trust to hold them, those assets typically have to go through probate before anyone can legally distribute them — whether or not there was a will.
Opening the estate
The process starts with filing a petition to open probate and appoint a personal representative (executor if there's a will, administrator if there isn't) — the person legally authorized to act on the estate's behalf.
Inventory, notice, and creditor claims
The representative typically has to inventory estate assets, notify heirs and known creditors, and publish notice so unknown creditors can file claims within a state-specific window before distribution.
Why probate takes months, not weeks
Statutory waiting periods for creditor claims, court scheduling, and the sheer volume of required filings (inventories, accountings, petitions for distribution) are why even straightforward estates commonly take six months to a year.
What a living trust would have avoided
Assets titled in a living trust pass to beneficiaries without probate at all — which is the main reason trusts are worth considering even for estates that aren't especially large or complicated.
Closing the estate
Probate ends with a final accounting and a petition for distribution, after which the representative can legally transfer what remains to the heirs — the paperwork that officially closes out the estate.