Intestate vs. Probate: Is There a Difference?

A Last Will and Testament is a legal document that outlines what you own and how you want your property distributed after your death. We’ve written about wills many times before, and for good reason—having one is essential. Unfortunately, many people avoid estate planning simply because it requires thinking about uncomfortable topics. When no will is in place, the consequences can be significant for the loved ones left behind.

If you pass away without a will, you die intestate, and your family may be forced to navigate a costly, time-consuming, and emotionally draining probate process. You may have heard the terms intestate and probate used interchangeably, but they are not the same. Understanding the difference can make the estate planning process far less intimidating.

Intestate vs. Probate

When someone dies intestate, it means they passed away without a valid will. Without written instructions identifying beneficiaries, heirs, or how assets should be distributed, the court—not the individual—decides what happens to the estate. In these cases, a judge must rely on state law to determine who inherits and in what amounts, often with results that do not reflect what the person would have wanted.

Probate, on the other hand, is the court-supervised legal process used to settle an estate. Probate involves identifying assets, paying debts and taxes, and ultimately distributing what remains to the appropriate parties. Probate occurs whether or not a person had a will.

In other words, estates with wills and estates without wills both go through probate. However, having a will makes the process far more efficient, less expensive, and far less stressful for your family. Most importantly, it ensures that your wishes—not default state rules—guide the outcome.

Let’s Talk About Your Estate Plan

There is much more to this conversation, and every family’s situation is different. At Scarola Law, we are always happy to walk you through your options and help you create a plan that truly protects your loved ones.

Estate planning is not something to put off. When it comes to safeguarding your family’s future, having an experienced estate planning attorney by your side makes all the difference.