WHY IS PROBATE OF WILL NECESSARY? Probate is necessary when an estate's assets are solely in the name of the deceased person. Probate of a will is necessary to transfer the estate's property into the name of the beneficiaries. Probate is specifically appropriate and necessary for individuals with a significant amount of property or wealth and even more needed if there are, or will likely be, those who contest the individual's will and how the relevant assets are going to be distributed. WHAT IS THE DIFFERENCE BETWEEN A WILL AND A PROBATE? A Will is a legal document that records what should happen to your property after your death, along with any other wishes. Probate is a legal process that gives a person, or a group of people, the authority to deal with a deceased person's assets