Legal Question in Wills and Trusts in California

Re: probate laws

YES! A will only directs the Porbate Court how to distribute your estate, it DOES NOT prevent or avoid Probate.

This can best be done with a trust.

Please take a moment to review the laws regarding trusts and wills on our firm's site No-Probate.com.

We offer free consultations and can assit you with the preparation of a trust instrument.

We can be reached through our website or at the number and address provided by LawGuru.

Thank you,

Scott Linden

Re: probate laws

Yes. A will has no validity without probate. Check out my website, www.yourlivinglegacy.info for lots of self help information about how you can avoid probate and take care of your planning needs without an attorney and for very little money.

Re: probate laws

Under $100K small estate may not need to be probated. In general, it is living trusts that avoid or minimize the need for probate, not wills.

Re: probate laws

Generally, property passed through a will has to go through the probate process which provides court oversight and approval for the distribution of property following death, especially if you own real property, such as a house.

A common method to avoid probate is to prepare a revocable living trust which gives you the flexibility to change things during your lifetime but passes your property to whomever you want following death.

I do not, however, recommend preparing it on your own without an attorney.

I would be happy to discuss your options with you.

Caleb