[cabmandone]

A person takes the time to have a Will made. The Will names the executors. BUT the court has to officially appoint the executor. The rules of the probate court dictate the actions of the executor.

A person takes the time to create a Trust. The Trust names the successor trustee. When the Grantor passes, the Successor only has to accept their position as Trustee. No court involved. The Trust dictates the actions of the trustee.

Two legal documents but two completely different processes. Why?? I don't understand why the court needs to be involved in appointing the executors unless someone contests the Will? If the will states "....." is executor and the assets of the estate are to be distributed to the beneficiaries equally, why does a court need to be involved at all?

At a point the two, Will and Trust, meet where an inventory of assets needs to be compiled. The difference is the court tells the executors when assets can be distributed whereas a Trust allows the trustee to distribute assets almost immediately. Again, as long as no one contests, why is the court involved?

I don't understand the probate process. I understand that a Will and a Trust are two completely different instruments. I just don't understand why, if no one contests the will or disputes the actions of the executors, that the court needs to be involved at all.

It all seems like a money and a time suck to me where the intent of the person who created either instrument seems clear.