A will must be presented to the probate court and proven to be a valid document. Living Trusts avoid Probate and can minimize estate transfer taxes.

The Will is the appropriate place to name an Executor and to appoint Guardians for minor children. The Will can be used to transfer assets that you own at death to your Living Trust.

Traditional estate planning involves creating a will. By preparing a will, most people feel they have effectively safeguarded their family's inheritance. However, this is often a false "peace of mind". A Last Will and Testament outlines your wishes about the distribution of your property after death, but testamentary documents such as wills usually require probate. In preparing only a will, you may be forcing your loved ones through months, even years, of agony in the probate court.

Probate is the orderly administration of your affairs supervised by the court. Probate is a function of state law and varies from state to state. If you own real property in more than one state, it is probable your estate will be subject to probate in numerous jurisdictions, each imposing their own probate fees.

Probate comes from the Latin word "to prove". A will must be presented to the probate court and proven to be a valid document.