Our Top Priority Is Your
Security And Peace Of Mind

Why should you structure your estate assets to avoid probate?

On Behalf of | Feb 14, 2024 | Estate Planning, Probate

When you think about the future and the legacy you will leave behind, it is essential to understand the processes that will unfold after you pass away. One of these is probate, a term that might sound distant and technical until it becomes a part of your family’s reality.

Probate is the legal process of administering a deceased person’s estate under the supervision of the court. If you have a will, probate involves proving its validity, identifying and appraising your property, settling debts and financial obligations and eventually distributing the remaining property as the will directs. While it may seem pretty straightforward, many people want to avoid probate for the reasons below.

Avoid delays and red tape

Probate can be a slow and bureaucratic process, involving a lot of paperwork and court appearances. It is especially frustrating for family members who are grieving the loss of a loved one. By structuring your assets to bypass the probate process, you can ensure your surviving loved ones get them quickly and efficiently without the need for lengthy court proceedings.

Save money

Probate can be expensive, with court fees, filing fees and other costs adding up quickly. Avoiding probate can help you preserve your estate assets and ensure they go to your loved ones directly without incurring unnecessary costs.

Protect your privacy

Probate is a public process, meaning all your financial information and personal details will go on public record. If you set up your estate plan effectively, you can keep your financial affairs confidential and protect your family’s privacy.

Reduce conflict

When your estate goes through probate, the estate administrator or your personal representative must notify all interested parties. It gives disgruntled relatives or creditors an avenue to challenge your will or make claims against your estate. Probate can be contentious, with family members disputing over assets and inheritances.

One of the primary goals of estate planning is to incorporate legal tools and documents that can allow your assets to bypass the probate process so these go directly to your chosen beneficiaries. Avoiding probate is fundamentally about safeguarding your loved ones from unnecessary financial and emotional burdens. Take the time to plan now, and your legacy will be all the stronger for it.