Short answer. No will passes real or personal estate to the heirs unless it is first proved and allowed by the proper probate court. Once the court allows the will, subject only to the right of appeal, that allowance stands as conclusive proof that the will was duly executed under the law.

What the law says

No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Subject to the right of appeal, such allowance of the will shall be conclusive as to its due execution.

Rule 75, Section 1 — Allowance necessary. Read the full provision →

Probate is not optional

A will, no matter how clearly written or how firmly the family agrees with its contents, has no legal effect on the estate until it clears probate. The rule states this in absolute terms: no will passes either real or personal estate unless it has first been proved and allowed in the proper court. Heirs cannot simply act on a will's instructions on their own authority. This is true even where every heir agrees on the will's contents and no one intends to contest it; the rule does not create an exception for consensus among the heirs, because probate exists to protect against fraud and errors the heirs themselves might not detect.

What 'allowance' actually decides

Allowance by the court is specifically a finding on due execution, meaning the will was signed, witnessed, and formalized the way the law requires. It is the gateway that converts a private document into one that can legally transfer property, and without it the document remains just an expression of intent rather than an operative instrument. Allowance says nothing about whether the dispositions inside the will are themselves valid — that is a separate question the probate court may still address. That distinction matters because a will can be validly executed yet still contain provisions a court later strikes down on other legal grounds.

Conclusive, but appealable

Once a court allows a will, that allowance is conclusive as to its due execution, which closes off further attacks on formal validity except through the ordinary right of appeal. This finality is deliberate: it lets estate administration move forward on a settled foundation rather than leaving the will's basic validity open to indefinite relitigation. That conclusiveness protects heirs and beneficiaries who rely on the probated will from having its due execution challenged all over again years later. It also gives buyers and creditors dealing with the estate confidence that title passing under the will rests on a settled legal foundation, not one still open to dispute.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.