Why Is a Will Probated?

What is the purpose of probate? Probate settles the deceased's estate by paying off creditors and transferring assets. If the estate is not settled and closed out, the deceased will continue to own property and incur expenses which ultimately will not get paid.

What causes a will to go to probate?

An estate may undergo formal probate for many reasons including when a will is contested, unclear, or invalid, or when the assets are held only in the deceased's name. And when there's no will, probate is often required to oversee the distribution of the deceased's property.

Do you need to go through probate if there is a will?

If you are named in someone's will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate.