Will

Will:

A Will can be as simple or as complicated as necessary to handle your Estate upon your death. A Will sets forth your intentions for the distribution of your Estate after your death. However, it has no effect on your Estate until after your death. In some instances a Will is more than sufficient, especially where your assets are minimal, there are no special needs beneficiaries, and your objectives are simply to distribute your assets after your death directly to your beneficiaries.

No matter how simple or how complicated your Will is, it must be probated. There is no way to transfer your Estate assets from you to your beneficiaries without a Court Order. The Court will make orders that your debts be paid and your assets distributed to your designated beneficiaries. Because your Will is filed with the Court it becomes a public record.

Preparing a Will is relatively inexpensive compared to other Estate Planning methods. The fees which can be charged for probating a Will are set forth in the Probate Code. However, the cost of probating a Will can be substantial and can take months or years to complete. You need to consider what your needs are both presently as well as going forward.