What happens if a will fails to go through probate?

When a will fails to go through probate, it significantly impacts how the deceased person's assets are distributed. If the will is not probated, the assets described in it may not be distributed according to the testator's intended wishes. Instead, the court cannot recognize the will as the authoritative directive for distributing the estate, leading to uncertainty about the proper allocation of the assets.

In most jurisdictions, without a valid probate process, the estate will not follow the instructions outlined in the will, leading to a situation where assets are not distributed in the manner that the deceased intended. This lack of probate can stem from various reasons, such as failing to file the will within the appropriate time frame or having issues related to the validity of the will itself.

Consequently, if there is no probate, the wishes expressed in the will are rendered ineffective, which is why the correct answer reflects the potential consequence of not probating a will. While assets may eventually be distributed according to intestacy laws, this occurs only if no valid will is accepted. However, intestacy laws apply in the absence of any valid testamentary document, not just when probate is skipped.