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WILLS


 A will – or a “last will and testament” – is a legal document that tells the probate court how you want your property distributed after you die, and who has the power and responsibility to wrap up your affairs. Through the probate process the court will give the “executor” of your will the authority to gather all of your property, pay any remaining creditors’ bills, and distribute your remaining property as you specify in your will.
 

Because the will takes effect only after a court determined that it is a valid document, a judge must act before your executor can step in and manage your estate.

When you use a Revocable Living Trust centered Estate Plan, you also will have a  "Pour-Over Will". 
A 'pour-over' will is a will with a safety net provision that ensures that any property you fail to transfer to your living trust during your life will be transferred to your trust through the probate process. It will transfer all non-trust assets to your trust that are not controlled by beneficiary designations or by ownership with a joint tenant. Your goal is to avoid probate by ensuring that your pour-over will controls nothing. You must transfer all your assets to your trust during your life to avoidprobate. Your will is merely your backup to ensure that all your assets are ultimately controlled by your living trust.