Probate is the court-supervised legal process that includes fixing the legality of your will, gathering your assets, paying your debts, taxes, and the expenses of will administration, and then dividing the remaining assets to those people entitled to them.

To make sure that your property is given out according to your wishes, your survivors will usually refer your will to court. The main advantage of probate is that the court is supervising the entire proceedings, and that the probate laws are being followed. This is especially helpful if there are claims of creditors, challenges to the will, or disputes that arise from the will. However, the probate process can be time-consuming and costly. The probate process is also criticized for the loss of privacy surrounding the will maker’s financial affairs.

The probate case can proceed in an orderly and legal fashion if you have a will at the time of your death. The person you name as executor of your will becomes the central figure in the probate proceedings. Your executor will carry out the many duties named by law, and the will you leave will provide the guidelines for the probate process.

The legal term for probate proceedings with a will is "estate proceedings".

Upon your death, your survivors will decide whether it is necessary and proper to probate your estate. If so, then the person you have picked to be your executor usually will present your will to the right court, with a petition to the court. The petition will include information about you, your death, your heirs, your assets, your liabilities and your will. The petition will ask that the court accept the will as valid and to appoint the executor named in the will. While there are no residency or bond requirements for an executor in Pohnpei it will usually be better if you name a resident of Pohnpei as the executor.

The executor plays the key role in the probate proceedings from the beginning. After residency and bond issues are reviewed, and the court officially appoints him or her as the administrator (a female is called an administratrix). It is up to him or her to collect and inventory the assets of the estate, pay all debts and expenses of the estate, handle and close any current businesses and investments of the estate. Then give out property to the beneficiaries and set up any trusts, if directed by the will.

It will be the executor’s responsibility to notify heirs, beneficiaries and creditors and open a checking account if necessary. The executor must review all records to find out all the assets of the estate, and physically take charge of all assets which are subject to probate. After taking charge, the executor must find out the fair market value of the estate property, pay any debts still outstanding, resolve any claims by creditors, and pay the full costs of all expenses incurred in managing the estate. The executor may have to sell some of the estate’s assets to pay debts and expenses.

Finally, it is the responsibility of the executor to divide the remaining estate assets to the beneficiaries, and to set up and fund any trusts named in the will.

After all the distributions to the beneficiaries and trusts have been made or are nearing completion, a final report must be filed with the court. This report summarizes all the receipts and pay-outs of the estate and summarizes all other acts taken by the executor. A copy is provided to the beneficiaries who have the opportunity to object to any items in the report.

If the beneficiaries have no objections, the court will typically approve to close the estate. The beneficiaries may sign receipts showing that they have received their distributions, the executor will file these receipts, and the court will relieve the executor from duty.

Probate proceedings can be lengthy. Some estates can take a year or even longer to close. If there are contested matters in the case, it will lengthen the time to complete probate. The size of the estate, the identity and location of possible heirs, and the availability of the court may also affect the length of the probate process.

When a will is admitted to probate, it becomes a public record. Not only does the will itself become public, but all documents involved in the proceedings become public record and can be viewed by anyone wishing access. Some people have legitimate reasons for viewing this loss of privacy as a negative aspect of probate proceedings.

If you do not leave a will, then the courts will take over dividing your property. The probate court will first appoint an administrator that will likely be related to the person that died. His or her duties will include the same asset gathering, debt paying and distributing tasks as an executor would do who is appointed by a will. A court-appointed administrator may have to post a bond unless the court decides that one is not necessary. The cost of the bond will be paid from your estate, using available cash or else the money from the sale of some estate property. Because there is no direction from a will to choose beneficiaries, the court will divide the remaining assets according to Pohnpei State law. Pohnpei State Law gives top priority to your surviving spouse and surviving children. So-called "illegitimate" children are treated the same as children of a marriage in a probate where there is no will.

The legal term for probate without a will is "intestate proceedings", and the laws that govern estate distribution are called intestacy laws.

The duration and cost of the regular probate process can be reduced for some small estates that do not exceed a certain value. Pohnpei State law provides that estates under the value of $1,000 may take advantage of certain procedures to streamline the probate process to distribute estate property.