If you decide to not create a living trust and you die, your heirs will typically have to go through court in order to have the Will be processed and for your assets to be transferred to your heirs. This represents a significant amount of paperwork for your loved ones.
A probate is a formal legal process that gives recognition to a will and appoints the Executor that will be in charge of the estate and will distribute assets to the intended beneficiaries after a death.
A proposed Executor will have to file a Petition and notify all the beneficiaries before getting a Court appointment. During the appointment an Executor will do an inventory of all the property. They will have to pay all the funerals expenses, debts and taxes. Finally, all the assets will be distributed based on a final court order. All the expenses of procedure and lawyer fees will be paid from estate property.