Posted on November 11, 2021 in Estate Planning and Probate

For many people, probate is a dreaded process. It can be extremely complicated and flush with legal technicalities, deadlines, and mandated procedures that must be followed in the right order. If the difficulty of the probate process is not enough of a deterrent, the expense should be. Probate courts can also charge fees that many feel are exorbitant, and the process may leave your estate exposed to hefty tax burdens. It can also take months to years before a single beneficiary actually receives anything out of the estate. The reasons probate might be undesirable are plentiful. Fortunately, with the skill of an experienced estate planning attorney, there are ways to keep most or all of your assets out of probate. 

When Does an Estate Need to Pass Through Probate? 

For a long time, a will was the main way that people passed on their assets after death. This is rapidly changing. All transfers of property done by a will must pass through the probate process. So, if you use a will as your sole testamentary document, your entire estate will need to go through probate. Any property that is controlled by a will is subject to probate - which is why many are turning to trusts as an alternative.

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