Unfortunately, having a Will does not avoid the probate process. If the decedent had a living trust and their assets were in a trust, the estate can avoid probate and be settled through simple estate administration proceedings. Having a will merely allows the distribution of the estate according to the decedent’s wishes, rather than the laws of intestate succession. Having a will does not avoid the probate process.
Do you have to file probate if there is a Will?
By Sandy McCarthy|2018-05-07T19:58:31-07:00April 16th, 2018|
About the Author: Sandy McCarthy
Sandra M. McCarthy, founder of ProbatebyME.com / A People’s Choice has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.