If you die without a will is probate necessary?

The answer is yes and, in fact, it is actually worse if you die without a will because you have to go through a determination of heirship where the judge has to figure out who the relatives of the deceased are. Then you are at the mercy of whoever the state as determined should get your money and how much they should receive.  Dying without a will almost always involves additional lawyers becoming involved and this just makes an already expensive probate procedure more expensive and time consuming as everyone works to figure out who all of the deceased’s relatives are.