Losing a loved one is one of life's most difficult experiences. Amid the grief, families often face the added burden of navigating the legal process of "probate"—settling the deceased person's affairs and transferring their assets to heirs .
In 2026, probate processes are evolving across multiple jurisdictions—from new digital filing systems in Australia to significant fee increases in the UK and procedural updates in US courts . This guide explains exactly what happens to assets after someone dies, the roles of key players, and what families need to know in 2026.
"Probate is a court-supervised process for identifying and collecting a decedent's assets, paying taxes, claims and expenses and distributing the decedent's assets to his or her named beneficiaries."
Probate Assets vs. Non-Probate Assets
Probate Assets
Assets owned solely by the deceased at death, with no named beneficiary or joint owner with rights of survivorship .
- Real estate titled in the deceased's name only
- Bank accounts without payable-on-death (POD) designation
- Stocks, bonds, securities registered solely
- Personal property (vehicles, jewelry, art)
- Life insurance or retirement accounts naming the estate as beneficiary
Non-Probate Assets
Assets designed to bypass probate and pass directly to beneficiaries .
- Jointly held property with right of survivorship
- Bank accounts with POD/TOD designation
- Life insurance policies naming specific beneficiaries
- Retirement accounts (401k, IRA) with named beneficiaries
- Assets held in a trust
Why this matters: Probate can take months to years, incur significant court and attorney fees, and become a public record. Non-probate assets transfer more quickly and privately .
What Happens If There Is No Will? (Intestate Succession)
If someone dies without a valid will, they are said to have died "intestate." State law determines who inherits probate assets. The general order of priority :
Key Players in the Probate Process
Executor / Personal Representative
Named in the will to manage the estate through probate. If no will, the court appoints an administrator .
Duties include :
- Filing the will with the probate court
- Gathering and inventorying assets
- Paying debts, taxes, and final expenses
- Distributing remaining assets to beneficiaries
- Keeping detailed records and accounting to beneficiaries and court
Trustee
Manages assets held in a trust, following instructions in the trust document .
- Invests and manages trust assets
- Makes distributions to beneficiaries
- Files tax returns for the trust
- Must act with undivided loyalty to beneficiaries
Guardian of Minor Children
Appointed in the will (or by the court) to care for minor children if both parents die .
- Guardian of the person: responsible for day-to-day care
- Guardian of the estate: manages inheritance until child reaches 18
2026 Probate Fee Updates: What's Changed
England & Wales
Flat rate for estates valued at more than £5,000 (increased from £273 in May 2024) .
Official copy fees:
£1.50 → £16 +967%Impact: Ten official copies now cost £160 (formerly £15). Many financial institutions require sealed originals, so families may need multiple copies .
New South Wales
Online Registry now mandatory for most uncontested applications (since 2023) .
Delays persist due to high volumes and requisitions for incomplete applications .
Franklin County, Ohio
Procedural change effective February 23, 2026: The court will no longer issue a "Notice of Compliance - Legal" in new large estates .
Filers may now upload proposed entries immediately upon receiving the clerk's Notice of Compliance, without waiting for additional notification .
Professional Estate Administration Fees (UK Example)
2026 Court Rulings & Procedure Updates
Small Estates: Simplified Procedures
Many states offer simplified probate procedures for small estates. For example, Florida provides "Disposition Without Administration" when:
Executor's 2026 Probate Checklist
Locate Will & Documents
Find original will, death certificates, financial records, and beneficiary designations.
First StepPublish Notice (NSW)
In NSW, publish a Notice of Intention at least 14 days before filing .
File Application
File will and application with probate court. In NSW, use Online Registry .
Inventory Assets
List all probate assets with valuations.
Budget for Fees (UK)
£300 application fee; £16 per official copy; order only necessary copies .
Expect Delays
NSW processing: 4–8 weeks for straightforward cases .
Pay Debts & Taxes
Notify creditors, pay valid claims, file final tax returns.
Distribute Assets
After court approval, distribute to beneficiaries per will.
How to Avoid Probate (Where Desired)
Planning Strategies
- Revocable living trust: Transfer assets to trust during lifetime
- Joint ownership: With right of survivorship
- Beneficiary designations: POD/TOD on accounts, life insurance, retirement
- Small estate procedures: Where available
When to Seek Professional Help
You should consult an experienced probate or estate planning attorney if :
- The estate is large or complex
- There are disputes among beneficiaries
- Real estate is involved, especially in multiple states
- The will appears to be missing or invalid
- There are potential creditor claims
- You are unsure about your duties as executor
- You need to interpret the will's provisions
The Florida Bar has a lawyer referral service at 1-800-342-8011 . Many firms offer free initial consultations.
Planning Brings Peace of Mind
Understanding the probate process is essential—whether you're planning your own estate or serving as executor for a loved one. Key takeaways for 2026:
- Probate assets: Those solely in the deceased's name without beneficiary designations—they must go through court .
- Non-probate assets: Jointly owned property, accounts with named beneficiaries, and trust assets—bypass probate .
- 2026 fee changes: UK probate application fee £300; official copy fees increased 967% to £16 .
- Court updates: Ohio streamlines large estate filings ; Victoria emphasizes early case management .
- No will: State intestacy laws determine distribution, which may not align with your wishes .
Probate can be a lengthy, costly, and public process . But with proper planning—using trusts, beneficiary designations, and joint ownership—you can spare your loved ones unnecessary stress during an already difficult time.
As one court noted, "Probate is necessary to wind up the affairs the decedent leaves behind" . Ensuring those affairs are in order is one of the greatest gifts you can leave your family.