An estate may require probate simply to carry out the terms and distribute the estate—even if there is a valid will. ... In other cases, where the decedent retains sole ownership of assets—like the house—probate simply facilitates the necessary legal procedure that transfers ownership of that property to the beneficiary.

Is probate needed 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.

What is the purpose of probate?

Probate is the legal process through which property is transferred after a property owner's death. Generally speaking, probate calls for the gathering of all assets, paying off debts and distributing any remaining assets in accordance with an estate plan and the law.