Frequently Asked Questions (FAQs)

Probate

If I sign a will, such as a “pourover will”, doesn’t that mean there has to be a probate when I die?

No. Whether probate is required depends on the total value of assets which are not in a living trust and which are not payable or transferable on death. Even where probate is not required, the decedent’s will is often the basis for the declaration under California probate code section 13100, used to transfer assets after death if no probate is necessary.

“To declare that in the administration of the criminal law the end justifies the means to declare that the Government may commit crimes in order to secure the conviction of a private criminal would bring terrible retribution.”

- Justice Louis Brandeis in Olmstead v. U.S.