There seems to be an assumption that probate is not needed on their loved one’s estate if there is a will in place; however, the fact is this makes no difference. Whether or not there is a will, probate may still be needed. There is no catch-all answer as to whether it is necessary or not. Probate refers to the process of someone being granted permission and named as the legal authority to wind up the affairs of a deceased person. The document that grants this is known as the Grant of Probate if there is a will, and the Grant of Letters of Administration if there isn’t one. These documents essentially work in the same way.

As such, when people say whether or not probate is needed, the above is what they’re referring to.