A common question that we get is “Since dad had a will, we don’t have to go through probate.” (I’ve written about this on my sister blog, but read this and save an extra mouse click.)
Not true. In order for a person’s will to “proven” it needs to be admitted to probate court. Once the Will is filed with the court, then the judge will review it to make sure it meets the legal requirements for a valid will. Requirements such as signed and in writing and witnessed by two other individuals.
Once a will is admitted to probate as a valid document, there is also the question if it was the last will of the decedent. For example, you might have a document that satisfies all of the legal requirements of a will, but what if dad signed another will several years later and forgot to tell you? Or what if you grabbed dad’s hand and forced him to sign the will that left everything to you and disinherited your siblings? Those are some examples where the probate process sorts through questions and eventually establishes that a particular will is in fact the last will and testament of the decedent.