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).
Estate Planning Attorney
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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?
April Whitney-Nakata yes we do!
My 77 year old brother passed recently but never prepared a will. He lived with me since 1995; I was his caregiver since 2009; I was also his dpoa. He has no debt, and his only asset is his bank account. What do I need to do to close his bank account? Thanks.
Jinny Robison if the account is under $100k you could probably use a lack of probate affidavit. If you have more questions, feel free to set up a time to chat! https://cmslawfirm.com
You neglected to tell what to do to avoid probate…..
Sandra Johnson what you want to do kinda depends on your specific circumstances. Not a one size fits all. But you are right!
My mother in-law past away in 2019. My father in-law health declined. He’s been in the hospital since January and not able to return home. I have DPOA (financial) we need to sell everything for him medically. Would this be probate or estate account? His house sold for $125,000
Heather Lane if he’s still alive you could probably do what you need to with POA.
Why would a surviving spouse in Washington state have to go thru probate to gain control of their joint estate ?
Joseph Ferguson I never went through probate to gain control of anything. Husband had a will and also I had poa and my name on everything we owned together.
Joseph Ferguson if there are separate accounts (only owned by one spouse), for the surviving spouse to get access to those accounts you’d need probate (if there was no beneficiary designation).
CMS Law Firm LLC That explains the situation my friend was in. Thank you !
Judy Stokes exactly. If your names are jointly on everything likely no need for probate (above I noted if only one spouses name is on an account that could require probate).
Nice shirt….rock chalk
Liars & Scammer family members ! Along with their attorneys to AVOID sharing. Ugh
Janet Danielson Pawlowski watched this and thought of everything you are going through. I know you are working with someone but a second opinion is never a bad thing!
Patrick Ganacias happy to chat any time.