“But we had a will. Doesn’t that mean we get to skip probate?”
I hear this all the time. And unfortunately, it’s one of the most common (and costly) misunderstandings families face after someone passes away.
Let’s clear it up right now:
A will does not help you avoid probate. It guarantees it.
Yep. That legal-sounding document you signed with the best of intentions? It’s basically an open invitation to the probate court.
What Probate Actually Is
Probate is the court-supervised process that kicks in when someone dies with a will or without one. It involves:
- Proving the will is legit
- Appointing an executor (also called a personal representative)
- Taking a full inventory of assets
- Paying off debts, taxes, and court costs
- Distributing whatever’s left to the named beneficiaries
Sounds simple, but it can take months—or even years—depending on family dynamics, the size of the estate, and the laws in your state. Oh, and it’s all public. Your private affairs? Now part of the court record.
Why a Will Doesn’t Skip Court
Here’s the truth: a will doesn’t bypass probate. It starts it.
Think of a will as a letter to the probate judge. It tells the court what you wanted, but it still needs a court’s stamp of approval. That means time, paperwork, and legal fees. A will is better than nothing, sure—but it won’t give you privacy, efficiency, or a simple path forward for your family.
How to Actually Avoid Probate
If you’re looking to make things easier for your loved ones, skip the court drama with an estate plan that works outside of probate. This might include:
- A fully funded revocable living trust
- Joint ownership with rights of survivorship
- Pay-on-death (POD) or transfer-on-death (TOD) accounts
- Beneficiary designations for life insurance and retirement accounts
These tools let assets transfer directly—no courtroom required. But they have to be set up correctly and kept current as your life changes.
Start With the Right Expectations
A will has its place. But it’s not the shortcut people think it is.
If your goal is to protect your family from delays, confusion, and unnecessary legal costs, the best thing you can do is build an estate plan designed to avoid probate from the start. Request a Consultation and let’s talk through what a will can and can’t do—and how to create a plan that puts your family first when it matters most.
