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Probate FAQ

You've heard that you should avoid probate -- but why? Here are the basics.

Questions:

Answer:

Should I plan to avoid probate?

Probate rarely benefits your beneficiaries, and it always costs them money and time. Probate makes sense only if your estate will have complicated problems, such as many debts that can't easily be paid from the property you leave.

Whether to spend your time and effort planning to avoid probate depends on a number of factors, most notably your age, your health, and your wealth. If you're young and in good health, adopting a complex probate-avoidance plan now may mean you'll have to re-do it as your life situation changes. And if you have very little property, you might not want to spend your time planning to avoid probate because your property may qualify for your state's simplified probate procedure.

But if you're in your 50s or older, in ill health, or own a significant amount of property, you'll probably want to do some planning to avoid probate.

Nolo Can Help You Avoid Probate
Explore your options, make a probate-avoidance living trust, or get help from a lawyer
Nolo's Online Will	Even if you use other techniques to avoid probate, you still need a valid will. Here you'll get guidance at each step, as well as detailed instructions on signing and storing your will. Start creating your will now.
Nolo's Online Living Trust	We'll take you through a step-by-step interview, asking all necessary questions and explaining legal issues along the way. Start creating your living trust now.
8 Ways to Avoid Probate, by Mary Randolph	A complete rundown of your probate-avoidance options, with state-by-state information about your options. Buy the book.
Talk to a Lawyer	If you have questions about your situation or a thorny estate planning issue, get advice from an estate planning lawyer.