A will usually needs to be probated to ensure that it is legally valid, to appoint an executor with official authority, and to oversee the distribution of the deceased person's assets according to their wishes or applicable law.
Learn About Probate
Understanding the Probate Process
Probate is a court-supervised process that confirms the authenticity and validity of the will, appoints the executor, ensures debts and taxes are paid, and ultimately authorizes the proper distribution of the estate to beneficiaries. Without probate, there would be no formal method to prove to banks, institutions, or buyers (such as for real estate) that the executor has the legal right to act on behalf of the deceased.
Probate also provides a way to resolve disputes about the will or the estate, handles claims from creditors, and ensures transparency in the handling of assets.
When Probate May Not Be Necessary
Assets That Typically Avoid Probate
Not all assets or estates require probate—for example, property held in joint tenancy, assets with designated beneficiaries, or those placed in a living trust typically avoid probate.
Small Estates
In some cases, streamlined probate or no probate at all may be possible for small estates or when assets are titled to pass directly to heirs.
Key Reasons for Probate
In summary, probate is needed to:
  • Legally validate the will.
  • Appoint an executor with official authority.
  • Supervise payment of debts and taxes.
  • Oversee the distribution of the estate to ensure it follows the will or state law if there is no will.