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Yes. The executor must be appointed by the court. Until officially appointed the executor has no power to distribute the decedent's assets. The title to real property cannot pass to the heirs legally until the estate has been probated.

Not every will has to be probated just for the sake of closure. For example, if a decedent has no assets at all then there is no legal reason to probate the will even though there is one in existence. This is because a will transfers title and ownership of the decedent's assets to other persons. If there are no assets to transfer, there is no need to probate a document that has as its purpose the transfer of assets. However, sometimes there are tasks that require the services of an executor (e. g. filing a decedent's last income tax return if necessary) even though there are no assets. In that case, the will must be probated in order to have a duly authorized executor.

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Q: Does a will require probate for closure?
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