ABA Family Legal Guide

Estate Planning

Probate

Can't I just avoid probate by not writing a will?

No. You can't avoid probate by not having a will. Even if you don't write a will (i.e., if you die intestate), you'll still have one—the one the state writes for you. The court will appoint a personal representative—the administrator. The administrator's job is essentially the same as the executor's; the only difference is that he or she is appointed by the court instead of being selected by you in your will. Probate will take place, but it will cost more and take more time because you didn't leave a will.