Wills-Frequently Asked Questions

A will dictates who gets the decedent's property, but it must still go through the probate process. A will can contain guardianship wishes and must be witnessed by two witnesses. A trust avoids probate, and does not have guardianship provisions in it. A trust is notarized and only has power over property titled in the name of the trust.

Everyone should have a will. Even if someone has a trust, they should still have a will. A special kind of will, called a pour-over will, works as a catch-all, ensuring that any assets not titled in the trust still end up being divided as the trust dictates.