Summary of Overview of the Probate Process

The probate process is not necessarily as difficult as people are led to believe. Much of the effort expended to wrap up a person’s affairs is necessary, even if probate court is avoided entirely. The process often goes smoothly, and when it does not, it is often because of difficulties—legal, financial, or personal—that are attributable to the decedent’s situation, not the court. These same issues would adversely affect the "peaceful" transition even if probate were avoided, and in some cases are better dealt with under court supervision.

Consider the pros and cons of probate as they apply to your own estate before making a decision one way or another about avoiding probate. Sometimes the best solution is to transfer some assets outside probate and others under its umbrella.