Many people believe that a will by itself does away with Probate. A will only communicates your final wishes regarding your property (and sometimes minor children, if necessary). However, Probate remains necessary to fulfill the wishes stated within the document (since even the will states that property remains under the decedent’s control). Trusts are one of the ways to avoid Probate since when you establish a trust, all your assets are transferred into your trust, thus avoiding the requirement for a court to perform the transfer.
