Why is probate necessary?

Probate is necessary to give the executor or administrator legal authority to deal with the decedent’s probate assets.  The executor or administrator has the authority and duty to take control of and safeguard the assets of the decedent’s estate.  Probate then provides a process for the payment of outstanding debts, taxes and the expenses of administration, and for the distribution of the remainder of the estate to the beneficiaries and heirs.