Is initiating Probate necessary here in Irvine? Generally, if someone wants to avoid probate and makes plans during their lifetime, then their estate will not be subject to probate. However, if they have not made those plans, then there simply is no other option. No one else has the authority to transfer the property until they get a court order and the only way to get that court order is through the probate process. Therefore, in the grand scheme of things, no, probate is not necessary. However, there are exceptionally rare cases when someone’s estate would have to be probated even if they had a proper plan in place.