Probate With and Without a Will

Probate is the process by which a court confirms the legal authority to manage and settle an estate. Whether or not you have a Will significantly affects how this process unfolds. With a Will, the court validates your document and authorizes your chosen executor. Without a Will, the court must appoint someone to act and rely on provincial laws to distribute your estate.

These differences matter—both legally and emotionally. They affect who manages your affairs, how long things take, and who ultimately receives your assets.

How Probate Works When You Have a Will

If you have a valid Will, the probate process begins with your executor applying for a grant of probate. This confirms their authority and gives them legal access to manage your estate.

With a Will	What Happens
Executor is named in the Will	Court reviews and confirms your choice
Will guides distribution	Assets are distributed as you instructed
Legal clarity	Fewer disputes if the Will is clear and valid
Streamlined process	Often faster and more predictable

This process is more efficient, especially if your Will is properly signed, witnessed, and supported by documentation like affidavits of execution.

Tip: Probate is not avoided just because a Will exists. If your assets require legal validation—such as sole property or bank accounts—probate is still needed.

What Happens During Probate Without a Will

If you pass away without a Will, your estate is considered intestate. This means the court must appoint someone to manage your affairs—typically a spouse, adult child, or close relative. The process becomes more complex.

Without a Will	What Happens
Court appoints an administrator	There is no executor, so a judge selects someone to handle the estate
Distribution follows provincial law	Your estate is divided based on a legal formula—not personal instructions
Delays and disputes more likely	No clear guidance increases risk of conflict
Less control and flexibility	You lose the ability to make specific gifts or care decisions

Important: Common-law partners, stepchildren, or charities may receive nothing under intestacy rules. Only a valid Will ensures they are included.

How Probate Affects Your Executor, Heirs, and Legacy

With a Will:

Your executor knows their role in advance
Your loved ones follow a clear roadmap
You reduce stress, cost, and delay

Without a Will:

The court decides who manages your estate
The default distribution may not reflect your wishes
Emotional strain and legal conflict become more likely

Even well-intentioned families can struggle without written instructions to guide them.

How Optimize Helps You Navigate Probate in Any Scenario

At Optimize, we help you think beyond paperwork. We guide you in creating a Will that reduces probate complications, and in structuring your assets so they support—not frustrate—your plan.

We also support executors by:

Preparing them for court filings and documentation
Explaining what to expect during the probate process
Coordinating your Will with registered accounts and insurance
Helping align your estate plan with legal, financial, and emotional realities

Our goal is simple: clarity in life, and peace in the process after.

Why a Will Makes the Probate Process Easier and More Personal

Probate is always easier when your wishes are clearly documented. Having a Will is not just about control—it is about care. It tells your family, executor, and the legal system exactly what matters to you.

Without it, the law takes over. And while the law tries to be fair, it cannot know your values, your relationships, or your intentions.

Put your voice on paper. Choose your executor. Make your plan known. A Will is your way to guide the process—and protect the people you leave behind.