Most people will go through a period of illness prior to death. If this occurs, the Probate court may prematurely take control of the estate through guardianship proceedings and require your own family to follow court dictates. You lose total control over your affairs. Probate comes from a Latin term that means to examine or test. It has come to refer to the lethargic process where we transfer our wealth from one generation to another.
Families can become targets for unwanted attention.
During this time, your heirs may be forced to ask for an allowance from the executor of your estate. If your assets are not liquid, the court may not approve an allowance. The probate court, through your executor, has control of your estate. Immediate needs of your family may not be met, and your heirs may become frustrated at the delay. Without Wills a portion of the legal industry would disappear.