Legal Question in Wills and Trusts in California

Re: Grandma's Will

The attorney should have told you that a simple will does not avoid probate, it only provides instructions to the estate on how your g-ma wants her property distributed. Probate would still be required to enforce the will.

To avoid probate, g-ma should consider creating a trust. The trust can be the title holder of her significant assets, or be named as the beneficiary in the event of her death. The trust then owns the assets and they do not need to be probated. Any assets can be placed in the trust, including real estate and financial accounts. G-ma, if competent, can be the trustee while she is alive, and then a second trustee takes over on her death. (Intervivos or living trust.)

There are many complications in establishing a trust, and there are other concerns which should be addressed, including durable powers of attorney and health directives. See a competent estate planning attorney.