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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.