Wills, Trusts, & Probate Court
Some of the clients that we see express confusion regarding wills, trust, and probate. At The TGQ Law Firm, we understand that for many people this may represent the first time they have ever had to deal with a wills & trusts issue. Discover some of the differences between wills, trusts, and probate below.
Wills
Most clients understand what a will does. It represents the intent of a testator regarding the final disposition of their assets. Some of the defining features of a will include the fact that it only takes effect upon the testator’s death and must pass through a probate court.
Trusts
Unlike wills, a trust becomes effective as soon as the trustor and trustees sign it and transfer at least one asset into it. A trust becomes effective immediately, and if handled correctly it can help loved ones avoid lengthy probate cases.
Probate Court
The probate court serves the public by validating effective wills, hearing challenges to wills and trusts, and deciding what to do with the assets of someone who dies without an estate plan. Probate courts also hear guardianship and conservatorship cases, which pertain to vulnerable individuals, such as the elderly and the mentally unwell.