Are there any advantages to having a will over an intestate succession?

Having a will over an intestate succession provides several advantages. With a will, individuals can ensure their property is distributed in a manner consistent with their wishes. This is important, as the laws of intestate succession set out in California are based on the legislature’s assumptions about the preferences of the average person. With a will, individuals have more control over who receives their assets and in what proportions. Additionally, assets distributed through a will may be subject to less taxation than those distributed through intestate succession. A will also allows individuals to provide for those who may not be eligible to receive assets through an intestate succession. For example, in California, stepchildren, cousins and distant relatives generally do not qualify for an intestate inheritance. However, a will allows you to provide for them. Finally, having a will allows individuals to appoint an executor of their estate. The executor is responsible for managing the estate, fulfilling all obligations, and distributing the assets according to the terms of the will. Without a will, the court must appoint an administrator to handle these responsibilities, which can add time and expense. Having a will provides individuals with greater control over their assets and the ability to provide for family members or others that are not otherwise provided for in the intestate succession laws. Therefore, having a will is generally beneficial for individuals looking to ensure their assets are distributed in accordance with their wishes.

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