The Difference Between a Will and a Probate

Losing someone you love is a tough time for anyone. You need love, support, and kindness around you to get through the tough times. Often, many of us have never experienced loss before, so knowing what to do after your loved one has passed can feel extremely overwhelming.

Death might not be a topic of conversation you’ve ever had with your loved one, it’s often a conversation too painful to cope with. But unfortunately, it can leave people feeling stressed and panicky. So, during this tough time, it’s important to get the support you need, and this article aims to cut through the jargon. Here is the difference between a will and probate.

Definition of a will

Simply put, a will is a legal document that highlights all your wishes once you pass. This can include who inherits your money, property, and possessions as well as the care of any minor children. A will is a useful document as it ensures you get the best outcome for yourself and your family once you pass. If you don’t have a will, things can be messy for your family, and they might have to spend extra money on disputes. Obviously, you can’t have control over everything that happens once you pass. But, a will comes very close to sorting things out for you.

Definition of a probate

A probate gives a named individual the right to deal with someone’s estate once they pass. A probate will usually be left in the will, giving someone the right to organise their money, houses, possessions, and anything else they might request. This person is named an Executor in the will, however, if there is no will this job will fall to the deceased next of kin.

Going through the probate process can be stressful, so you must get the right support. Looking for a specialist probate solicitor will help you administer the requests and ensure everyone is happy. You don’t need a solicitor to guide you, however, it’s recommended if you want to relieve some of your extra worry and stress.

It can be hard to apply for probate if there’s no will, so it’s good to have an open conversation with your loved ones to ensure they’ll be happy with the outcome.


To conclude, a will is written by the deceased, a probate is what might result because of it. In some instances, you need it, in some won't. Either way, it is an important instrument to make sure the will's wishes are looked after.


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