Whether you have a Last Will and Testament or not, it may still be necessary to probate a person’s estate. Probate is the court monitored distribution of a decedent’s assets. Depending how the decedent’s assets are titled, will generally determine whether probate is necessary or not. There are options available which can reduce the likelihood that probate would be necessary, such as Transfer on Death Instruments, etc.
If a person has a Revocable Grantor Trust, and all assets are held within the Trust, probate can be avoided. It is always best to talk with an attorney and determine what is best, based upon the individuals, estate and needs.