Milpitas, CA estates & probate attorney Elijah Keyes talks about how having a will affects the probate process. A will serves as a written communication addressed to a judge. By relying solely on a will without additional accompanying documents, individuals essentially ensure that the likelihood of probate is nearly inevitable, particularly if their estate exceeds a certain financial threshold. The primary function of a will is to provide directives to the judge, outlining the actions that the executor should undertake during the probate process.

It is essential to recognize that having a will in place virtually guarantees the occurrence of a probate. To circumvent probate, individuals typically require supplementary documentation. While there are instances where probate is intentionally sought after, such as in the cases of certain celebrities or individuals of substantial wealth, most people opt for a will and a trust to bypass the probate process.

To revisit the initial question regarding the impact of a will on probate, it’s crucial to understand that a will guides the proceedings within probate but does not serve as a means of avoiding it.