Using Estate Planning to Avoid the Probate Process

Elder Law

by DON DRAKE CONNELLY LAW OFFICES, LTD. SPECIALIST

“I often meet people who are unaware that a wellcrafted estate plan and specific trusts can help them avoid probate,” explained RJ Connelly III, a professional fiduciary and certified elder law attorney. “The probate process can be lengthy and costly, not to mention that it becomes a public record. However, in most cases, probate is necessary, and it’s crucial to clearly understand its workings.”

Probate proceedings aim to authenticate the deceased’s final will and transfer the estate’s assets to the rightful heirs, per the decedent’s wishes. The court supervises these proceedings to ensure the estate’s debts are settled and the assets are distributed fairly among the heirs.

After a loss, families usually gather to review important estate planning documents such as a will, which should be professionally written. However, if there is no wellorganized estate plan, the probate process can become lengthy if family members do not cooperate or cannot be located. In the ideal situation, family members should work together to gather information needed for the court. However, this can be a difficult and emotional process given the circumstances and the emotions involved.

Probate Court Proceedings

The petitioner (who is usually the estate executor or personal representative) initiates the process by submitting the deceased’s death certificate and last will to the probate court. It’s crucial to provide a list of creditors’ names, contact information, and the heirs’ details. If the estate is small or uncontested by heirs, the probate court process can generally be completed efficiently and rapidly.