There’s rarely a time in one week when I have the same question about the same topic. The question is: does a will help me avoid probate?

Generally speaking, no. The only sure way to avoid probate is to create a living trust.

Probate is the procedure states use to administer a deceased person’s affairs. Probate is the court-supervised process of appointing a personal representative and directing the distribution of a deceased individual’s property and affairs.

The advantage of having a will or testamentary document is that the probate process is shortened considerably from the normal process. In cases where a deceased person has a will, the court follows the individual’s desires and directs the personal representative to handle the affairs in accordance with the will. Without a will, probate could last for years as potential beneficiary squabble or miniscule matters.

The living trust is a separate item all together. The living trust is a super-hybrid of the probate process and the will because the trust functions in a similar way as judge and personal representative. Having a trust helps speed the distribution process along all because the trustee (or successor trustee) distributes the estate as designated in the trust.The trustee holds the property separately from him/herself, therefore distribution of the property occurs quickly and easily, and rarely with judicial involvement.

While there are some formal papers that need to be filed with the county court and other county offices, there are no court proceedings.

The distinct difference between the general will and the living trust is the way which the  deceased individual holds the property.

If you’d like to discuss your options, and the advantages for you, please contact our office.