If the Decedent has a Will but no Trust, even if Trust terms are spelled out in the Will, the Will must be administered through the Probate Court (unless the Small Estate exception discussed above applies). The terms of the Will govern the division of the estate. The Will usually dictates who will be the Executor (the person in charge) of the Estate.
If an Executor is not named, is deceased or is unwilling to serve, the nearest living blood relative will have the right to be named as Executor.
The Executor will have to file the original Will with Probate Court as well as a Petition for Probate to begin the proceedings.