Probate Attorney in Portland, Oregon

How does having a will affect the probate process?

More In This Category

View Transcript

having a will affects the probate
process by controlling that process um a
lot of people think if you have a will
then you avoid probate but that’s a
common misconception so the will
basically tells the court what you want
that probate process uh to look like and
where you want to end up at the end of
that process so things like who’s going
to be responsible for guiding that that
probate ship um through the the Waters
of of the court process who you give
that job to and then uh also who gets
all who gets the assets so where do the
assets go how do they get there are they
held in trust for for the
beneficiaries uh those types of things
so the the will really is the uh the
controlling document that says how that
probate process is going to play out in
the
courts

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.

More Videos From This Lawyer