When a person passes away, their estate often goes through probate, a legal process to distribute their assets. Whether or not the deceased left a will significantly impacts how probate unfolds. Understanding these differences helps you prepare for either scenario.
Probate with a will
When someone leaves a valid will, the probate process becomes more straightforward. The will names an executor, who oversees the distribution of assets. The executor follows the instructions in the will to divide property and settle debts. Courts usually approve this process quickly because the will provides clear guidance.
With a will, the deceased’s wishes determine who receives assets. This reduces disputes among family members and ensures a smoother process. However, even with a will, probate still verifies the document’s validity and supervises the executor’s actions.
Probate without a will
When no will exists, the court steps in to manage the estate. This process, called intestate succession, follows state laws to decide who inherits assets. Typically, spouses and children receive the estate first. If no close relatives exist, distant family members may inherit.
Without a will, the court appoints an administrator to handle the estate. The administrator acts similarly to an executor but follows the court’s instructions. This can lengthen the probate process and create uncertainty for surviving family members.
Key differences to remember
The main difference lies in control. With a will, the deceased directs the distribution of assets. Without one, the state decides based on its laws. A will also speeds up probate and reduces family conflict, while intestate probate can take longer and leave loved ones with fewer options.
Planning ahead with a will ensures your estate reflects your wishes, saving your family time and stress. Without it, the court decides for you, which may not align with your intentions.