A Last Will & Testament is a legal document that nominates a person to handles the final affairs of the decedent and IF a probate estate is required to be opened with the court, the Will is admitted as evidence of the decedent's intent.
Estates may go to probate with or without a Will - probate all depends on whether someone needs legal authority to transfer property of the decedent or not.
If the decedent's estate does not need to go to probate, the family should honor the last wishes of the decedent by following any direction in the Will to distribute the decedent's property.
Although a probate estate may not need to be opened with the court, the estate may still end up in probate court if an interested party files a court action to challenge the actions of the person distributing property according to the Will.
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