What is Probate and Why Do People Want to Avoid It?
People call us to talk about Probate all the time. We are, after all estate planning and probate lawyers.
Some people call hoping to avoid probate via estate planning.
Some people call after a loved one has died hoping they don’t have to go through probate.
But many, if not most, people, don’t actually know what probate is.
Well, today is your lucky day.
Probate, at it’s most basic core, is simply the process of transferring one person’s assets to someone else.
When someone dies and gives their house or their bank account to someone, probate exists to make sure someone responsible is in charge and make sure everything related to the estate is taken care of (creditors, taxes, distributions, etc.).
The reason you hire a probate attorney to do this is that the process is complicated. There are specific rules to follow and if they aren’t followed it can create a big mess.
That’s also why people want to avoid it. They’d prefer to have an easy, smooth transition of assets from one person to the next.
And that IS possible. You just have to plan correctly.
For strategies on avoiding probate, check out our other content OR click the link below and set up a time to chat with us (both are free).
Cheers,
Christopher Small
Estate Planning Attorney
PS – Click here to schedule a FREE strategy session with an estate planning attorney.
Doctors recommend that you get an annual probate examination beginning at age 50 I think.
I think that might be prostate…
Hate probate it killed me!! Ugh
That’s why we’re here. To make it as easy as possible!
I dont know but I had to take these huge pills for it
Because they don’t want some stranger’s fingers up their butt, even if it’s a doctor.
I like it when mine is massaged. Anyone?
My only daughter and I are buying a house together. Do I need to put in a trust? Will it still go to probate?
Karri Heap You may want to own the property as “Joint Tenants” if you want your daughter to get your half when you pass. https://www.legalzoom.com/articles/joint-tenancy-vs-tenants-in-common
The answer is, it depends. Might be easier to figure out what to do if we have a quick chat – https://cmslawfirm.com/estateplanningstrategysession
Karri Heap consider a Deed on Death. You keep ownership until death. Daughter takes title using the Deed. Or if you change your mind Deed can be revoked. Easy peas. No probate.
Males typically get an enlarged probate when they get older.
People avoid probate because they want a period of time to mourn the loss of one of their loved ones while leeches like this guy and the government want to instantly profit of your loved ones death while you are still mourning!!!
Death to all leeches!!!!!!
So funny but so far off! Probate, which happens when someone dies has nothing to do with the male prostate gland which yes often causes problems.
Cant get rid of all this garbage @#$$^%^%%$$#
Because it means somebody close to you died.
Do you do wills too?