Do I need a will?
By using a will, you tell the Personal Representative and Probate Judge who should receive your property. If you die without a will, the State determines who receives your property. This may or may not be what you intended.
If I have a will, does my estate still have to go through Probate Court?
Yes - the function of the will is to describe who is to receive your property at the time of your death. There are ways to plan to have your property pass outside of Probate. A Living Trust is one of them. An estate planning attorney can guide you as to what will be the best estate planning technique for your needs.
Estate Planning: General Information
This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008
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