{"id":287063,"date":"2017-08-12T19:08:07","date_gmt":"2017-08-13T00:08:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/estate\/probate\/what-happens-if-you-dont-probate-a-will.html"},"modified":"2025-07-24T13:44:00","modified_gmt":"2025-07-24T18:44:00","slug":"what-happens-if-you-dont-probate-a-will","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/estate\/probate\/what-happens-if-you-dont-probate-a-will.html","title":{"rendered":"What Happens if You Don’t Probate a Will?"},"content":{"rendered":"\n
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What Happens if You Don't Probate a Will?<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Aisha Success, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

If you don’t probate a will, the decedent’s estate could remain unsettled indefinitely, and beneficiaries might not receive their inheritances. Filing a will is required by state law, but opening probate might not be necessary for small estates or those with assets that transfer outside probate.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

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During the estate planning process, a person is typically named to serve as the executor of a will. The executor is responsible for ensuring that after a person dies (the decedent), their debts are paid, and any remaining estate assets are distributed to loved ones according to the terms of the will.<\/p>\n

After death, the\u00a0executor should file the will<\/a>\u00a0with the probate court in the county where the person lived. This begins the probate process.<\/p>\n

But it can be more complicated. Most wills are written years before the will\u00a0testator<\/a>\u00a0dies. Any number of circumstances can cause complications with probating a will. These can include:<\/p>\n