Probate is “proving” the will in court. The probate process confirms that 1) the will is valid and 2) an estate trustee (also called an executor) has been appointed. Most estates need probate if there are assets that will need to be distributed. Probate is commensurate with the number of assets and their value; the more assets named in the will and the more valuable they are, probate will be more likely, advise our probate lawyers. Probate is the process by which a court validates a will. Some assets (large investment accounts, publicly traded shares, some real estate) require probate and others do not. Our probate lawyers advise that as soon as one asset requires probate, you must pay the estate administration tax (commonly called probate tax) on all of it. But the tax is only required if you need the will validated. HELPFUL TIP: Our probate lawyers advise that it is very common when clients have assets that don’t require probate (such as a private corporation) to set up two wills, a primary will for those assets that require probate and a secondary will for those assets that do not require probate. This saves probate taxes.