Avoid Probate with a Plan That Works Ahead of Time
Keep your family out of court, out of conflict, and in control.
Probate is the court process for settling an estate after someone dies—and it’s often slow, costly, and public. The good news: with the right planning, most or all of it can be avoided. At The Wills & Trusts Firm, LLP, we help clients use tools like wills, trusts, and beneficiary designations to keep things simple and private for the people they leave behind.
Probate can take months—or longer—and often ties up money, property, and decision-making when families need clarity most. It also exposes personal details to the public and can open the door to disputes. Avoiding probate isn’t about avoiding responsibility—it’s about doing the work now so your loved ones don’t have to later.
Why People Want to Avoid Probate
Common Strategies for Avoiding Probate
We tailor the right approach based on your goals, but common options include:
- Revocable living trusts
- Joint ownership with right of survivorship
- Transfer-on-death and payable-on-death designations
- Beneficiary forms for retirement accounts and life insurance
We’ll help you understand which tools apply—and how to use them properly.
How We Help Make It Happen
We don’t just draft documents—we explain how they work together and help you avoid common mistakes that send assets into probate by accident. Whether you’re planning from scratch or updating an older plan, we’ll show you how to reduce risk and keep the process simple for the people you care about.
Trusts are one of the most effective probate-avoidance tools.
FAQs
Is probate always a bad thing?
Not always—but it’s usually slower, more expensive, and more public than people expect. Avoiding it can ease the burden on your family.
All probate-avoidance strategies are included in our planning packages.
Can a will avoid probate?
No—Even with a will, some assets may still go through probate. To avoid it, you typically need to use tools like trusts or beneficiary designations.
Do I need a trust to avoid probate?
Often, yes. A properly funded revocable trust can transfer assets directly to your beneficiaries without court involvement.
Is it too late to avoid probate if someone has passed?
It depends. If the estate is small, there may be simplified options. But the best time to plan is before probate becomes necessary.
Does avoiding probate mean I’m avoiding taxes?
No. Probate and taxes are separate issues. Avoiding probate won’t hide assets or reduce tax liability—but it can reduce legal headaches.
Plan Ahead So Your Family Doesn’t Have To Fix It Later
Avoiding probate isn’t complicated—when you do it before it becomes a problem.