Wills Do Not Avoid Probate. They Steer the Probate

A very common misconception is that if Mom or Dad has a Will, no probate will be needed when they pass away. That is wrong. There are some steps people can take to avoid a probate administration when they die, but signing a Will is not one.

That is because the Will is a “roadmap” or set of directions for probate. It tells the Probate Court who should be the executor and who should get the assets from the executor in the probate administration.

Why have a Will if you still must go through probate? Because without a Will there will still be a probate administration and the roadmap is the one enacted by the state legislature. Who knows better what you want – you or your state legislature?