Intestacy

If a person dies without having a will, that person is said to have died intestate. In this situation, the California Probate Code sets forth the succession of the decedent’s property to his heirs.

Wills

If a person dies having a valid will, that person is said to have died testate. The court will generally follow the terms of the will. The will sets forth a nomination of executor, a nomination for guardian of minor children (if applicable), and the distribution of assets.

A will alone will not protect your estate from probate, but a will does serve as a critical foundation to a comprehensive estate plan. When accompanied by a trust, the will is known as a “pour-over will” and will address assets not titled in the name of your trust at the time of your passing.