Wills, Probate, and Asset Transfer

  • Lessons

    15

  • Duration

    2 Hours

Instructors

Kirby Rosplock

Kirby Rosplock (Ph.D.)

Born into a very successful enterprising family, Kirby learned family wealth basics the way most affluent offspring do (or don’t) Read More

About Course

Estate Planning: Wills, Probate, and How Assets Pass focuses on wills, including their key components to making them valid, the process of establishing a will, the dangers of not having a will, and what may happen if someone passes without a will. Read More

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Overview

  • Learning Objectives

    1 Minute

What is a Will?

  • Last Will and Testament

    2 Minutes
  • Identifying the Legatees

    1 Minute
  • Types of Gifts in a Will

    5 Minutes
  • How Assets Pass

    3 Minutes
  • Dying With or Without a Will

    3 Minutes
  • Features of a Good Will

    7 Minutes

Cases of Insufficient Wills

  • Wills: Three Cautionary Tales

    16 Minutes
  • Homework I

    30 Minutes
  • Elvis Presley's Exemplary Will

    18 Minutes
  • Homework II

    30 Minutes 1 Second

Probate Estate

  • What Triggers Probate?

    3 Minutes
  • Titling of Assets and Probate Considerations

    8 Minutes
  • Secondary Will

    1 Minute

Conclusion

  • Wrap Up

    32 Seconds

Test Your Knowledge

  • Quiz Locked

What should I know about wills, probate, and how assets pass after death?

Wills, Probate, and Asset Transfer (formerly Estate Planning Basics Module 3) focuses on the role of a last will and testament in directing asset transfers, naming beneficiaries, appointing executors, and reducing ambiguity after death. Learners examine how wills work, what can go wrong when they are vague or outdated, and how probate, intestacy, asset titling, and survivorship rights affect the transfer process. Through cautionary examples and applied review, the module helps learners move from assuming a will is simple or sufficient to asking more informed questions about clarity, completeness, and practical administration.

What You’ll Be Able to Do on the Other Side

  • Identify the essential features of a valid and well-designed will, including executors, beneficiaries, bequests, guardianship provisions, signatures, and witnesses.
  • Compare how assets may pass through specific, general, pecuniary, annuity, demonstrative, and residuary gifts.
  • Distinguish between dying testate and intestate, and recognize how probate may affect privacy, cost, timing, and court involvement.
  • Evaluate how beneficiary designations, contingent legatees, asset titling, and survivorship rights can affect whether assets pass through probate.
  • Use cautionary examples to identify common will design flaws, including vague beneficiaries, outdated documents, missing backup provisions, and inadequate specificity.

The Experience

This module combines self-paced reading, will examples, cautionary tales, applied homework, and document review activities. Learners explore different types of gifts, beneficiary language, contingent legatees, per stirpes and per capita distribution methods, and the consequences of dying with or without a valid will.

The experience also includes analysis of real-world examples, including Howard Hughes, Clark v. Campbell, Warren Burger, Gene Hackman, and Elvis Presley’s will. Learners use these examples to identify design flaws, evaluate the importance of specificity, and consider how probate and asset titling can affect privacy, cost, timing, and family conflict.

Prerequisites: Estate Planning Basics and Estate Planning for Incapacity Recommended

Estimated Completion Time: 2 hours

Prerequisites: Estate Planning Basics and Estate Planning for Incapacity Recommended

Featured Resources: 

  • Sample Last Will and Testament
  • "An Analysis of Canada's Most Famous Holograph Will: How a Saskatchewan Farmer Scratched His Way Into Legal History" by Geoff Ellwand
  • Elvis Presley’s Exemplary Will 

Customers Review

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Eric F.
Jan 30, 2023
Good section. Even though we have wills there was re-inforcement of the reasons for a will and good background information. Biggest complaint was the lack of information or mention of having primary and secondary wills and reasons for this. That is a significant miss in my opinion