If you consult our offices, we will go over your individual situation. A Will takes effect after you pass away. There are many types of trusts. A Living Trust is the type of Trust that most people have. If you have a Trust and have transferred your assets to the Trust, then your estate will not have to go through probate.
Probate is a court process.
Generally, there are several steps to the probate process. The court appoints a person to be in charge of the decedent's estate. This person is called the personal representative. All of this is done under the court's supervision. In California if you die without a Will the State of California and the Superior Court will decide who will be in charge of your estate and who will inherit your estate.