Milpitas, CA estates & probate attorney Elijah Keyes talks about how having a will affects the probate process. He notes that a will is essentially a letter to a judge. If an individual relies solely on a will without other estate planning documents, they are almost certain to go through probate if their estate exceeds a certain value. A will instructs the judge on what actions the executor should take during the probate process.

Therefore, having only a will generally guarantees probate. To avoid probate, additional documentation is required alongside the will. He notes that there are specific circumstances—such as for very wealthy individuals or celebrities—where relying on a will without a trust is intentional, allowing them to use the probate court’s processes to their advantage. However, these cases are the exception rather than the rule.

For most people, the combination of a will and a trust is the standard approach to minimize or avoid probate. In summary, a will influences the probate process but does not prevent it.