A will is one of the most important estate-planning documents, but it does not keep property out of probate simply because it exists. In fact, a will is generally a set of instructions for the probate court.
What the will does
A California will can name an executor, direct the distribution of probate assets, nominate guardians for minor children, and create trusts that begin after death. If a probate is required, the court reviews the will and supervises the administration.
Assets that may pass outside the will
- Property properly held in a living trust
- Accounts with valid beneficiary or payable-on-death designations
- Life insurance and retirement benefits with named beneficiaries
- Some jointly owned property
- Assets eligible for a simplified transfer procedure under current law
Because these arrangements can control an asset regardless of what the will says, ownership and beneficiary forms must be coordinated with the overall plan.
Why a will still matters in a trust plan
A pour-over will provides a backup for property left outside a living trust and can contain guardian nominations. Property passing through that backup will may still require probate before it reaches the trust.
The practical question is asset-by-asset
Whether probate is required depends on what the person owned, how title was held, beneficiary designations, and the procedures available when the person died. Gene Gleason helps families review the complete picture rather than relying on the label attached to one document.
This article provides general information and is not legal advice. Probate procedures and eligibility limits change.
Related from Gene: wills · Gene on whether a will avoids probate. Questions about your own family? Please schedule a consultation with Gene.
