Probate is a legal procedure where a court oversees the distribution of property of a person who has died. If you have a trust and it has been properly funded, probate will not be necessary and your loved ones will enjoy the privacy involved. Probate court is necessary for persons having wills as their estate plan and for persons not having any estate plan. When there is no will or trust, the person has died intestate. Probate is a procedure that allows your loved ones to obtain, transfer, sell, or otherwise dispose of your assets.