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Probate: reasons to avoid it

On Behalf of | Jan 25, 2024 | Firm News

When thinking about or working on estate planning, you may hear the word “probate” used because it is a part of this area of law.

While it is important to have a path in the courts that allows for the distribution of assets after someone’s death, probate comes with certain aspects that many find unpleasant and wish to avoid.

Efficiency matters

Probate is the legal process that follows a person’s death, involving the validation of their will and the distribution of their assets.

Unfortunately, probate can be a time-consuming and bureaucratic affair. By avoiding probate, you save your loved ones from unnecessary delays and ensure a more efficient transfer of your assets.

Privacy protection

Probate proceedings are typically a matter of public record, meaning that anyone can access information about your estate, debts and beneficiaries.

By bypassing probate, you maintain a higher level of privacy for your family. Keeping your financial affairs confidential can be crucial for various reasons, including security and peace of mind.

Cost savings

Probate can be expensive because legal fees and court costs can add up quickly. Other administrative expenses, too. By planning your estate effectively, you can minimize these costs, ensuring that more of your assets go directly to your beneficiaries.

This financial efficiency can make a significant difference in providing for your loved ones.

Asset preservation

The probate process can sometimes lead to the depreciation of assets. The probate process may involve selling real estate and other valuable possessions to cover administrative costs or pay off debts.

Avoiding probate allows you to maintain greater control over the distribution of your assets, helping to preserve your wealth and, ultimately, your legacy.