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How Can I Avoid Probate?

Posted by Noah Sarkauskas | Jul 18, 2022 | 0 Comments

No one likes to think about death, but it's a reality we all have to face. If you're like most people, you don't want to spend your time and money going through the probate process after you die. Fortunately, there are several ways to avoid probate and make the process easier for your loved ones. In this blog post, we'll discuss some of those options and help you decide which route is right for you.

What Is Probate and Why Should I Avoid It if Possible?

When a person dies, their estate must go through the probate process before it can be inherited by their beneficiaries. Probate is the legal process of settling the deceased person's estate, which includes identifying and valuing their assets, paying any debts and taxes, and distributing the remaining assets to their heirs. The probate process can be complex and time-consuming, so it's important to have a basic understanding of how it works.

The first step is to file a petition with the court to open the probate case. The next step is to notify all interested parties, including the deceased person's creditors. Once all claims have been resolved, the executor will distribute the assets to the heirs. The entire process can take months or even years to complete, so it's important to be patient and work with a qualified attorney.

What Are the Benefits of Avoiding Probate?

One of the main benefits of avoiding probate is that it can save you money. The probate process can be expensive, and you may have to pay court fees and attorney's fees. If you have a large estate, probate can be even more costly. By avoiding probate, you can keep more of your assets and pass them on to your heirs.

Another benefit of avoiding probate is that it can help you protect your privacy. During probate, your will becomes a matter of public record. If you don't want your family matters to become public, then avoiding probate can help you keep your affairs private.

Finally, by avoiding probate, your beneficiaries will receive their inheritance much quicker. Probate takes time and has mandatory waiting periods.

What Are Some Common Methods of Avoiding Probate?

One popular method is to create a revocable living trust. With this type of trust, you retain control of your assets during your lifetime, but after your death, the trust becomes irrevocable and the assets are distributed to your beneficiaries according to your instructions.

Another common method is to name a beneficiary for your assets, such as a life insurance policy or retirement account. When you die, the assets will be paid directly to the beneficiary, avoiding probate altogether. These are often referred to as Payable on Death (POD) or Transfer on Death (TOD).

Additionally, some people choose to give their assets away during their lifetime. This can be an effective way to avoid probate, but it should be done carefully to avoid gift taxes. Regardless of which method you choose, it's important to consult with an experienced attorney to ensure that your wishes will be carried out according to your specific needs and situation.

While avoiding probate may not be possible in all cases, it can save time and money for those who are able to do so. In addition, avoiding probate can help to keep personal matters private, as the probate process is public record. For these reasons, avoiding probate is often desirable for those who have the ability to do so.

Which Method of Probate Avoidance Is Best for Me and My Family?

The method of probate avoidance that is best for you and your family is highly depending on your individual circumstances. An experienced estate planning attorney can help guide you through making the correct choice. It is important to consult with an attorney to ensure that your wishes will be carried out according to your specific needs and situation.

Contact an Estate Planning Attorney Today

If you would like more information about avoiding probate, please do not hesitate to contact us at Heritage Law Office by calling 414-253-8500 or sending us a message. Our attorneys are happy to help you understand your estate planning options and how they can benefit you and your loved ones. Thank you for reading our blog, and we hope that this information was helpful.

About the Author

Noah Sarkauskas

Bringing technology, automation, machine learning, and a systematic approach to the legal world, Noah Sarkauskas is making the legal field significantly more efficient. Noah leverages technology to complete your legal work in a significantly quicker and more time-efficient matter while simultaneo...


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