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Common LawWill I’ve to go to probate court? To that I would have to say the jury continues to be out. Actually. You see; A Will, is simply an inventory of options to the Probate Court docket. Whether there was a will or not, if he were to die, his estate will go through Probate (proving the desire). If he dies with no will the probate courtroom has a regular hierarchy of distribution: It all goes to the surviving partner, if there is no surviving spouse then it goes to the children, if there are not any children it goes to the parents, if there aren’t any dad and mom it goes to siblings, if no siblings, then nieces and nephews, and so on. And most of the people’s Wills observe that same logic, so the vast majority slide by the Probate courtroom as stated in the will. And in the …