Probate Attorney in Portland, Oregon

How does having a will affect the probate process?

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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. 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.

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