But before the probate process commences, courts must ensure that each will is legally enforceable. If a probate court finds a will to be defective or invalid, the will can be denied probate, in which case, the estate will be distributed in accordance with the state's intestacy laws instead.

Why would probate not be granted?

Not having access to the deceased's paperwork or financial information is one of the most common reasons for a delay in an application of probate.

What can stop probate being granted?

A caveat is most commonly used in probate where there is concern about the validity of the deceased person's will. The caveat will stop someone from obtaining a grant and administering the estate while those concerns are being investigated.