Put simply, Probate is the court action for deciding who gets property or proceeds of one who has died. This property is known as the Probate Estate.

From this, one might presume that any time someone dies a Probate action is needed. This is not true. There are times when no probate is needed at all or if a limited action will do. 

There are ways in which Probate can be avoided by planning ahead. This preplanning is what Estate Planning entails. This can include various forms of ownership so property does not become part of Probate Estate.

If Probate is required, there is more than one type of probate action. These include Small Estate and Full Probate, which a Full Probate can be Intestate, Testate, and Lost Will actions each with different filings, procedures, and requirements.