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Portland, OR estates & probate attorney Stefan Wolf talks about how having a will affects the probate process. He highlights that having a will directly affects the probate process by guiding and controlling how it unfolds. Many people mistakenly believe that a will allows them to avoid probate, but that is a common misconception. Instead, the will serves as the court’s roadmap, outlining the decedent’s wishes and determining the course of the proceedings.
The will specifies who will be appointed to oversee the probate process and manage the estate through the court system. It also establishes how the assets are to be distributed—whether they are transferred directly to beneficiaries or placed into trust for their benefit. In essence, the will operates as the controlling document that dictates how probate is administered and ensures that the decedent’s intentions are formally carried out.