3 Eye-Opening Reasons to Avoid Probate That Could Save Your Family Heartache and Money

If you’ve ever wondered why so many people cringe when they hear the word “probate,” it’s not just because it sounds like scary legalese—people really do want to avoid this court process. As someone who has done a lot of research on estate planning, I’ve learned that avoiding probate isn’t just a choice; for many families, it’s a necessity.

Probate is basically the court-supervised process of settling someone’s estate after they die. It involves validating their will (if they had one) paying off any debts, and distributing what’s left to the heirs. Sounds straightforward enough right? Well, not exactly.

In this article, I’m gonna break down the 3 major reasons why you might want to avoid the probate process—and trust me, these reasons are compelling enough that you’ll probably want to start planning your estate differently after reading this

Reason #1: Probate Can Be Painfully Expensive

First, let’s talk about money, because this is often the most shocking thing that people learn about probate.

When your estate goes through probate, it’s like watching money drain from your family’s inheritance. Here’s why:

• Court fees eat into the estate immediately
• Attorney fees often range from 3-7% of the total estate value
• Personal representative fees (the person handling your estate) add another layer of costs
• Appraisal and accounting fees for valuing and tracking assets

To put this in perspective, if your estate is worth $500,000, probate costs could easily reach $25,000 or more! That’s money that should be going to your loved ones, not to courts and attorneys.

A client of mine recently shared that her mother’s modest estate lost nearly 8% of its value to various probate expenses. “We had no idea it would cost that much,” she told me, “and it felt like salt in the wound during an already difficult time.”

The worst part? These expenses are typically paid before your beneficiaries receive a single penny. Your hard-earned assets get depleted before they ever reach the people you intended them for.

Reason #2: Probate Takes Forever (Seriously, It Feels Like Eternity)

Time is the second major reason many people try to avoid probate at all costs. And believe me, the wait can be excruciating for families.

Here’s what the timeline typically looks like:

• Initial filing and notices: 1-2 months
• Inventory of assets: 3-6 months
• Payment of debts and taxes: 4-8 months
• Distribution to beneficiaries: Only happens AFTER everything else

In total, even a simple, uncontested probate case typically takes 6-9 months. Complex estates? Those can drag on for YEARS.

During this entire process, your heirs are essentially in limbo. They can’t get to the money they got as an inheritance, even if they need it badly for things like

• Mortgage payments
• College tuition
• Medical bills
• Daily living expenses

I talked to a family that had to wait almost 18 months before getting any money from their father’s estate. The boy’s father was counting on those funds to help pay for his daughter’s college. He had to take out more loans instead while the probate process moved slowly forward.

The emotional toll of this waiting period shouldn’t be underestimated either. Families often describe it as “being stuck in grief” because they can’t fully move forward while the legal process continues to drag on.

Reason #3: Probate Exposes Your Private Affairs to the Public

This third reason catches many people off guard, but it’s a big one: probate is a PUBLIC process.

That means:

• Your will becomes public record
• Anyone can view the inventory of your assets
• The value of your estate is disclosed
• Who gets what is available for all to see
• Family conflicts play out in public documents

Think about that for a minute. Do you really want your nosy neighbor, estranged relatives, or random strangers knowing exactly how much money you had and who you left it to?

For many families, this loss of privacy is extremely uncomfortable. It can lead to unwanted solicitations from scammers targeting new heirs, or even family conflicts when relatives discover details of the inheritance.

A widow I spoke with was shocked to find herself receiving calls from investment “advisors” just weeks after her husband’s will entered probate. They had obviously been monitoring probate filings, looking for potential clients who had recently inherited money.

Additionally, the public nature of probate makes it easier for disgruntled heirs to contest the will. When someone can easily see all the details of who got what, it’s more likely to trigger feelings of unfairness or jealousy, potentially leading to costly legal battles.

How Can You Avoid Probate?

Now that we’ve covered the three main reasons to avoid probate—cost, time, and privacy concerns—you’re probably wondering how to actually avoid it.

Fortunately, there are several effective strategies:

1. Create a Living Trust

A living trust is probably the most comprehensive way to avoid probate. Here’s how it works:

• You create a trust and transfer your assets into it during your lifetime
• You maintain control as the trustee
• You name a successor trustee to take over when you die
• Upon your death, assets transfer directly to beneficiaries WITHOUT probate

The beauty of a living trust is that it addresses all three major problems with probate: it saves money, transfers assets quickly, and keeps your affairs private.

2. Use Joint Ownership

Another common strategy is to hold property jointly with rights of survivorship:

• When one owner dies, property automatically passes to the surviving owner
• No probate needed for these assets
• Works well for married couples or partners

Common forms include joint tenancy with right of survivorship, tenancy by the entirety, and community property with right of survivorship in applicable states.

3. Designate Beneficiaries Directly

Many assets allow you to name beneficiaries who receive the assets automatically when you die:

• Life insurance policies
• Retirement accounts (401(k)s, IRAs)
• Transfer-on-death (TOD) investment accounts
• Pay-on-death (POD) bank accounts

These designations supersede your will and allow assets to transfer outside of probate.

4. Make Gifts During Your Lifetime

This strategy is simple but effective:

• You can give away assets while you’re still alive
• Annual tax-free gift limits ($17,000 per recipient in 2023)
• Reduces the size of your estate that would go through probate

Is Avoiding Probate Always Necessary?

While the reasons to avoid probate are compelling, it’s worth noting that some situations might make probate less problematic:

• If you have a small estate, many states offer simplified probate procedures
• Some states have more efficient probate systems than others
• If your affairs are very simple and you have no privacy concerns, probate might be manageable

According to LegalZoom, “Some states do have shorter, less complicated, and faster probate processes for estates under a certain value. Accordingly, whether or not you should aim to avoid probate depends on your specific circumstances.”

Final Thoughts: Taking Action Now

The three main reasons to avoid probate—excessive costs, lengthy delays, and loss of privacy—are significant enough that most estate planning experts recommend taking steps to minimize probate exposure.

I always tell my readers that the best time to plan is NOW, before there’s any issue. Estate planning isn’t just for the wealthy or elderly—it’s for anyone who wants to:

• Protect their assets
• Ensure their wishes are honored
• Save their loved ones from unnecessary stress and expense

Remember, estate planning doesn’t have to be complicated or expensive. Even simple steps like setting up POD accounts or creating a basic living trust can make a huge difference in how smoothly your assets transfer to your loved ones.

Don’t wait until it’s too late. Your family will thank you for taking the time to plan ahead and spare them the headache, expense, and public exposure of probate.

Have you taken steps to avoid probate? Or have you experienced the probate process firsthand? I’d love to hear your thoughts and experiences in the comments below!