The assets of your estate will pass by the laws of intestate succession, which are the default rules when there is no will. For example, in California if you die without a will, your spouse and children will receive your property. If you don’t have a spouse or children, your parents would receive your property. If you have no surviving parents, then your property is distributed to other family members, starting with those in the closest degree of relationship to you (like your siblings) and then to more distant relatives (like your aunt or your former brother-in-law from your deceased spouse).

Probate is the legal process of distributing your estate after you die. It is a process that is supervised by the court and includes taking an inventory of the assets your estate owns, giving notice of your death to beneficiaries, heirs and creditors, paying claims to creditors, and distributing your assets. Having a will does not help you avoid probate, but it does say what should happen during the probate process.

A will is a legal document that only becomes effective at the time of your death. It is admitted to probate court and becomes a public record. It transfers ownership of your probate assets to the people you name as beneficiaries.

A trust becomes effective immediately after you create it. It provides for the private administration of your assets and includes instructions on how your trust assets should be managed.

A trust is privately administered, so your financial affairs do not become a matter of public record. Using a trust can allow your loved ones to receive property faster since they do not have to wait for the conclusion of the probate process. A trust can help you avoid probate while a will cannot.