A will is an important legal document that expresses your intent regarding who should receive your property on your death. It does not become affective until your death, but it is the primary document the court will look too while your assets undergo probate. A well-drafted will can ease anxiety and pain, while your friends and family grieve, by clearly defining who should receive your assets.
One of the negatives regarding wills is that they do not, by themselves, avoid the probate process. Probate is the legal process of transferring your assets under judicial supervision when you pass away. The probate process can take very long and can be expensive, so a well thought out estate plan is usually designed to avoid or minimize the need for the probate process.
However, in conjunction with a well thought out estate plan, a will can be used to minimize the necessity of probate incredibly. By constructing a trust and using a will to leave all of your property to that trust upon your death, a will can “pour over” your property into the trust and avoid the probate process. As such, when wills are used in such a manner, they are commonly called “Pour Over Wills.” These types of wills act as a safety net, making sure that any property not property deeded to the trust be transferred in for administrative purposes.
For further questions, schedule a consultation at Francisco@CalderonTrusts.com.
Updated 10/12/2026