What is Probate?

What is Probate and Why You Should Avoid It

If you’ve ever dealt with probate court, you’re probably already shaking your head at the mere mention of it. For families, probate is often an inconvenience at best and a nightmare at worst.

So, what exactly is probate? Simply put, if any assets are set to pass through your estate upon your death, your family will need to petition the court to inherit those assets. This process involves a full public court procedure, which can be time-consuming and costly. In most cases, probate takes around a year to complete—sometimes even longer.

To illustrate how probate can turn into a legal quagmire, I’ll share a story about a client I met seven years ago. He explained that his father had owned a piece of real estate but never made any arrangements for it. Now, the client and his family were in probate court fighting over the property.

Here’s the kicker: I met with the same client a year ago, and they were still embroiled in litigation over that same piece of property. While I don’t know all the details, I can confidently say that by now, the legal fees have likely surpassed the actual value of the property itself. By the time the property is sold and any proceeds are divided, the client and his family may receive only a fraction of what they had hoped for—after years of stress and expense.

The takeaway here is clear: you do not want your family to endure the probate process. It’s a burden that can be avoided with proper estate planning. Taking steps to protect your assets now will save your loved ones from unnecessary legal battles and expenses in the future.

If you’re interested in learning more about how to avoid probate through estate planning, feel free to reach out. Don’t wait—protect your family from the headaches of probate today.

To learn 80% of what you need to know about estate planning in less than 30 minutes, check out my full-length video. It’s a quick and comprehensive guide to help you understand the basics and start taking steps to secure your future.

If you have questions, or would like me to review or create a trust for you, then click the link below to schedule a call with me today - I’m always happy to help!