After a person passes away does their estate have to go into Probate? And how come?

I know the person had a will and a trust but I just dont understand the probate part of it. I was to thinking of can it be avoided if you know you are in the will?

If a person had assets in his/her name when he/she died, generally, probate is invovled. In your sitution, since there is a Will, the Will must be admitted to probate and the Orphans Court/Surrogate Court, depending on jurisdiction, will monitor the distribution of the funds so that it is done in accordance with the Will.

Your situation 99% of the time requires an attorney to handle the Probate procedure for you. The only way it would not is if all property was in the trust or held jointly and the decedent had no assets in their name when they passed away. It gets a little complicated depending on when gifts and the trust was funded, if there was a surviving spouse, etc., so an attorney should be retained to assist in this procedure.

I'm willing to bet your situation requires probate of the will and appointment of an executor/executrix. Please see an attorney.

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