If you are looking into wills, trusts, and the like, you will hear the term probate used and may not know exactly what it means.  It is actually quite simple.  Probate refers to the legal process of settling the estate of a deceased person, and, more specifically, resolving any and all claims regarding the distribution of the property of the deceased.  

In states that recgonize the property of married couple's as community property, after a person has died without a valid will or trust, his or her property immediately becomes the property of the spouse, if any, without the need for probate.  However, in the event that the surviving spouse does not automatically succeed to the decedent's property, it is usually necessary to "probate the estate", whether the deceased had a valid will or not. A court having jurisdiction of the decedent's estate, usually called the "probate court," supervises probate, in order to ensure that the property of the deceased is distributed according to the direction of his or her will and according to the laws of the state.