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Portland, OR estates & probate attorney Stefan Wolf talks about how having a will affects the probate process. A will influences the probate process by setting forth instructions on how it should be managed. There is a common misconception that having a will allows one to avoid probate, but this is not the case. Instead, the will provides the court with specific directions for the probate process and the intended distribution of assets.
Within the will, a representative is appointed to oversee the probate proceedings and navigate the court system. The document also outlines who will inherit the assets, where those assets should be allocated, and whether they should be held in trust for the beneficiaries. In this way, the will acts as the guiding document, directing the probate process through the court system.