What happens if someone dies with only a will?

A will alone generally does not avoid probate. Instead, the will serves as the set of instructions the probate court follows in administering the estate.

The executor named in the will must petition the court for authority to act, and the estate remains subject to probate procedures, notices, deadlines, and statutory fees.

 

Philip J. Kavesh
Helping clients with customized estate planning guidance and trust & estate administration for over 45 years.