4.8/5 based on 35 reviews.

Sudden Wealth Blog

Why Probate If There is a Will?

Beautiful woman sitting at desk. She is researching why probate if there is a will.

Having a will is an important step in estate planning, but it doesn’t necessarily mean that probate can be avoided. In fact, in some situations, probate may still be necessary even if there is a will in place. Let’s dive into the question of “Why probate if there is a will?”

Understanding the Purpose of Probate.

Probate is the legal process of administering a deceased person’s estate. Only probate assets need to go through the probate process. Probate involves proving the validity of the will, identifying and valuing the deceased person’s assets, paying any outstanding debts or taxes, and distributing the remaining assets to the beneficiaries named in the will. The purpose of probate is to ensure that the deceased person’s wishes are carried out and that their assets are distributed in a fair and orderly manner. While having a will can make the probate process easier, it doesn’t necessarily mean that probate can be avoided altogether.

When Probate is Required Even with a Will.

There are several situations where probate is required even if there is a will. For example, if the deceased person owned property that was not jointly owned or did not have a designated beneficiary, that property will need to go through probate. Additionally, if there are any disputes or challenges to the validity of the will, probate may be necessary to resolve those issues. Finally, if the estate is large enough to trigger estate tax obligations, probate may be required to ensure that someone has authority to file a tax return and pay the taxes.

Why Probate If There Is a Will in Arizona?

In Arizona, probate is necessary even if there is a will because the probate process serves several important purposes. First, it ensures the proper administration and distribution of the deceased person’s assets and property according to their wishes as outlined in the will. Second, if someone needs to be appointed as personal representative, they must do that through the court system. Probate provides a legal framework for validating the will, resolving any disputes or challenges, and overseeing the orderly transfer of assets to the beneficiaries. Additionally, probate allows for the payment of outstanding debts, taxes, and other obligations of the deceased person’s estate. This process ensures that creditors are given an opportunity to make claims against the estate and that all debts are properly settled. Ultimately, probate provides transparency and protection for all parties involved, ensuring that the decedent’s intentions are carried out and that the interests of beneficiaries and creditors are safeguarded under the law. Consulting with an experienced probate attorney can provide valuable guidance and support throughout this process, helping to navigate the legal complexities and streamline the administration of the estate.

The Role of the Executor in Probate.

The executor (or personal representative) is responsible for managing the probate process, which includes identifying and valuing assets, paying debts and taxes, and distributing assets to beneficiaries according to the terms of the will. It’s important to choose an executor who is trustworthy, organized, and able to handle the responsibilities of the role. Executors may also need to work with attorneys, accountants, and other professionals to ensure that the probate process is completed correctly.

Probate vs. Non-Probate Assets.

It’s important to understand the difference between probate and non-probate assets when considering why probate if there is a will. Probate assets are those that are solely owned by the deceased and do not have a designated beneficiary or joint owner. Non-probate assets, on the other hand, pass directly to a designated beneficiary or joint owner and do not go through the probate process. Examples of non-probate assets include life insurance policies, retirement accounts, and jointly owned property. Even if a person has a will, any probate assets will still need to go through the probate process.

Still Wondering Why Probate If There is a Will? Call Us!

Looking for reliable legal assistance in navigating a probate or trust administration in Arizona? Look no further than our reputable law firm, dedicated to providing expert guidance and support during these complex processes. With our in-depth knowledge of Arizona’s probate and trust laws, we are well-equipped to handle your unique situation. Our experienced team of attorneys will work diligently to ensure a smooth administration, minimizing stress and maximizing efficiency. Don’t leave your loved one’s estate to chance—call us today at 602-443-4888 to schedule a consultation and take the first step towards securing a brighter future for your family.


Founding attorney Paul Deloughery has been an attorney since 1998, became a Certified Family Wealth Advisor. He is also the founder of Sudden Wealth Protection Law.