SACRAMENTO WILL LAWYERS
Having a will allows you to identify specifically what should happen to your property after you die. A will can also be used to identify a guardian for your children.
While a will has many benefits, in particular with respect to the disposition of your property on death, there are also limitations. For example, even with a will your estate will likely still need to go through the probate process. During probate, your property will be distributed inaccordance with your will, and the probate statutes.
During probate, all heirs, creditors, and anyone else who may have a vested interest in the deceased party’s property, must be noticed. Disputes are resolved in the probate court, and the process can, in some cases, take years.
If your goal is to avoid probate, a will alone may not be the best option for you. A trust, on the other hand, can allow you to skip the probate process altogether, saving you money and time. If you choose to move forward with a trust, it will be accompanied by a “pour-over” will. A pour-over will is a type of will designed to pour any assets, which were not specifically included in the trust, into the trust upon your death.
In general, a will is desirable only in the event you would prefer the court oversee the distribution of your estate or you have a very limited estate.