Should I avoid probate? 

Should I avoid probate? 

This is really a very client-specific question. We don't take the approach that everyone has to avoid probate. We take the approach that we'd like to educate you about what probate is, how you can avoid it, and then, you, as a client, are deciding what is the best route to go. 

Probate is a court proceeding, so everything filed in court becomes a public record, which means things that were kept quiet, who your heirs are and what they're receiving before you passed away now becomes public, so that might be one reason you'd avoid probate. Another thing to consider is because probate is the court system, as you might expect, there are delays or it just takes a while to get through the court system versus being able to act quickly and immediately. So if you decide you want to make sure that your family can act quickly and efficiently on your behalf and doesn't have to go to court first, you may want to avoid probate. And if you want to keep your affairs private, everything about what your estate plan looks like and who you provided for and under what circumstances, then you definitely want to avoid probate. 

A will, and this may actually surprise you, but a will does not avoid probate. A will has to be filed in a court before it is legally effective and anyone can act on your behalf or your estate's behalf. So a will does not avoid probate. If you decide probate and the fact that it's public and can take a long time is important to avoid, then I would recommend that you utilize a living trust as part of your plan. And check out our FAQs here on what is a living trust and what is will, because I go into a few more details. But if you decide that the court system is not ideal for your family, then you should avoid probate as part of your plan.