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I Know I Want to Avoid Probate, but what is Probate?

January 21, 2011 by John Potter

If you’re like most people, you think you want to avoid probate, but you still have the question, “What is probate?” You’re not sure exactly what probate is. Technically, probate is the process the court uses to determine whether a Will is valid or not.

But the term “probate” is also used to describe the entire process of administering your estate. The executor of your Will probates your estate, usually with the help of an estate planning attorney, under the supervision of the court. The executor gathers and protects your assets, gets the assets appraised, pays any last bills, files appropriate tax returns, and distributes your assets to your beneficiaries during the probate process. If you die without a Will, the court will appoint someone to administer your estate. The duties are the same for the administrator and the executor.

If any of your assets are owned jointly (joint tenants with right of survivorship), these assets will pass immediately at your death by law and, technically, they are not part of the probate process. This is the same for assets like life insurance, retirement accounts, and anything else with a beneficiary designation or a paid on death (POD) or transfer (TOD) on death designation.

Some people use revocable living trusts to avoid probate because they don’t want the court involved in the settlement process, they don’t want the beneficiaries and their inheritance made public, and they don’t want to pay probate fees, which can be quite high in some states. In addition, probate tends to take longer and be more expensive than settling a revocable living trust.

If you have questions about the probate process, contact a qualified estate planning attorney who can answer your questions and assist your decision making.

  • About
  • Latest Posts

John Potter

Latest posts by John Potter (see all)

  • What Happens If I Leave Assets Out of My Living Trust? - February 15, 2019
  • What are the Advantages of an Irrevocable Trust? - February 14, 2019
  • Charlotte Medicaid Attorneys Explain How to Protect Healthy Spouses - February 11, 2019

Filed Under: Probate Tagged With: Avoiding Probate

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Testimonials

John Potter has been a real pleasure to work with. He is very knowledgeable and explains things in a very simplistic manner so the average person can understand how/why the laws are written. He is very attentive and asks questions in such a way that not only helps him understand your goals, but also helps you think about what type of goals and expectations you should be considering. Exemplary client service.
David J.
My husband and I selected Ms. Potter to assist with our small business. She responsive and attentive every time I have a question or need assistance, and is extremely knowledgeable and able to answer any legal question I have had. I know I can count on Ms. Potter for all of my business legal needs and I would highly recommend her to anyone needing legal assistance with such.
Jillian
Overall The Potter Firm was very professional. They took what could of been a very complicated process and were able to break it down so it was a lot easier to understand. We are confident we now have made the right decisions in our estate planning. Good firm to work with.
DKS & KMS

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