Probate

According to the Kansas Bar Association, "Probate is a court procedure where the validity of a will is proved or disproved. It involves all estate administration proceedings. When a person dies, all property, other than property passing directly to others (such as property held in joint tenancy, life insurance proceeds and retirement plans payable to a named beneficiary), may be subject to a probate proceeding. An estate is generally probated in the county where the deceased owned property. If property is located in another state, additional proceedings are sometimes necessary in that state."

Jurisdiction
In the US, probate is governed by each state's laws regarding inheritance and the administration of estates. In 1964 the National Conference of Commissioners on Uniform State Laws drafted a Uniform Probate Code designed to update and standardize the nation's probate code. Sixteen states adopted the code, with the remaining states adopting various sections of the code. A wide variety of state courts (commonly district courts, circuit courts, probate courts, or other court) will handle probate. Probate is held in the county court where the deceased had residence. If the deceased holds real property in more than one state, a separate probate proceeding for each property is often required. Most states (with the exception of Delaware and Virginia) have adopted simpler probate procedures, usually termed "summary probate" for very small estates

Avoiding probate
Note: Property (usually real estate) held in various forms of joint tenancy (or community property) with survivorship are not probate assets when the first spouse dies. However, since the property is no longer jointly owned, the property can be subject to probate upon the death of the surviving spouse.