Probate Court: Six Reasons to Avoid It.

When someone dies, their loved ones may have to go through the process of probate court in order to settle the deceased person's estate. This can be a long and complicated process, and there are several reasons why you might want to avoid it. In this blog post, we will discuss six of the most common reasons why people choose to avoid probate court.

Probate court can be expensive.

The first reason to avoid probate court is the cost. Probate can be expensive, and the costs can quickly add up. If your loved ones are already dealing with the death of you, having them spend a lot of money on probate court can be a frustrating distraction. The cost of attorney and filing fees could cause you to spend more on probate than you would on funeral expenses. While the cost of probate traditionally comes out of the estate, this lowers the inheritance provided to your family for their on-going well being.

Probate court can be time-consuming.

The second reason to avoid probate court is the time commitment. Probate can take months, or even years, to complete. This is especially true if there is a lot of property involved in the estate. It can be difficult to avoid probate court if you do not have property in trust and have only assigned ownership by will or failed to plan at all. Without planning or having only a will in place, your loved ones will be spending their time in probate court.

Probate court is public.

The third reason to avoid probate court is that it is a matter of public record. This means that anyone can access the documents filed in probate court. If you are concerned about your privacy, or if there are sensitive matters involved in the estate, then probate court may not be the best option for your estate.

You might not get what you want.

The fourth reason to avoid probate court is that you might not get what you want. If there is disagreement among the beneficiaries of the estate, then probate court could end up being a battle. This can be especially true if there is no clear will or estate plan in place. Even with a will, the probate court interprets and makes final decisions of the assignment of assets based on the will. This interpretation is not always accurate to what you the deceased wanted to have occur.

You may not need probate court.

The fifth reason to avoid probate court is that you may not need it! If you leave everything to a surviving spouse or domestic partner, then probate may not be necessary. In some states, if the estate is small (usually less than $20,000), then probate may not be required. However, this is not as simplistic or common as it may sound. A family who lost the husband/father is currently in probate court for retitling the house that was owned solely in his name. The family wants to sell the home because it is too difficult to live in the home after their loss and unfortunately they cannot sell until probate court approves the retitling. It is a modest estate but when real estate is involved it can take longer than you'd want to hassle.

Probate court distracts your loved ones during their time of mourning.

The sixth reason to avoid probate court is to protect your family from the emotional toll of juggling all of those details. It can be difficult to deal with the death of a loved one and also have to worry about going to court. Proper estate planning is the greatest gift you can give your family so that when the time comes, everything is taken care of for them. They can spend their time celebrating your life and your final wishes can be completed as you determined.

Proper planning can avoid probate court.

The best way to avoid probate court is to plan ahead and have a clear will alongside a trust in place. A trust can be an extremely powerful tool to avoid probate court.

A trust is a legal document that can hold property on behalf of someone else. The person who creates the trust transfers ownership of their property to the trust. The trustee is then responsible for managing the property according to the terms of the trust. Learn more about protective estate planning at HunkinLaw.com and make an appointment with a trusted advisor today.