Q: If no one is going to object to the will, why does it have to go into probate?

A: A Will does not vest the executor or personal representative with any powers to do anything until a judge issues "Letters Testamentary". If there are bank accounts, real estate or vehicles title cannot be transferred just because there is a Will. Also creditors, unnamed heirs etc must also be given an opportunity to make claims against the estate.

There is one rare exception, if a will makes a specific gift of a certain vehicle to an individual, it may be possible to have the tag placed in the grantee's name.

Many times an estate will qualify for a summary process that saves time and expenses.

A: I know this sounds a little unusual, but if you stop and think about it a probate case is "court-monitored forgery".

When we are dealing with "evidences of title" (my own made-up term) such as car titles, deeds, bank accounts, etc. our legal system requires a signature. Since we can't dig the decedent up to get their signature, a Probate Court issues what we call "Letters Testamentary". They basically work as a permission slip that allows the Personal Representative (aka Executor or Executrix) to "forge" the decedent's signature - and keep our legal system happy.

In summary, the Personal Representative (acting on behalf of the decedent) and under the watchful eye of the Probate Court signs whatever documents are necessary to 1.) identify and collect the assets; 2.) pay the taxes; 3.) pay the bills; and 4.) distribute anything left over to the appropriate parties.

A probate is less about settling family feuds, and more about winding up the affairs of the decedent.

Hope this answers your VERY GOOD question.