How does probate relate to wills?

Probate is a critical legal process that involves determining the validity of a decedent's will. When an individual passes away, their will must go through probate court to ensure that it is a legally binding document. This process validates the will, confirming that it was executed properly according to the law, and that the intentions of the deceased, as detailed in the will, are upheld.

During probate, the court reviews the will to ensure it meets the necessary legal standards, which can include verifying the signatures of witnesses, checking for any potential challenges to the will's authenticity, and ensuring that the testator (the person who made the will) was of sound mind when it was created. If the will is deemed valid, it is then used as the legal basis for distributing the decedent's estate according to their wishes.

This validation step is crucial, as it establishes a clear and accepted directive for how the deceased's assets will be managed and transferred. In instances where no will exists, the probate process will then determine how the estate will be distributed according to state laws, which underscores the importance of having a valid will to simplify this process for the heirs and heirs.