Wills and estate planning documents will give you peace of mind and your family a road map of how you want them to proceed in the event of your death. They give your family a plan of action that not only decreases the expense of probate, but also the worry they may have in trying to discern what you would have wanted, leaving them time to cope with grief and new circumstances.
Probate is simply the process by which a court recognizes the validity of your will and appoints and oversees an individual to carry out the instruction your will contains. This seems simple, but the legal requirements can be quite complex. For instance, is the will self-proving or will you need witnesses? Are there items that will pass outside of probate, are there individual bequests or will the spendthrift clause prove helpful to an indebted son or daughter, etc. An experienced attorney is essential in navigating these and many other questions.
