One approach to avoid probate is through use of a living trust that holds legal title to some or all of your property at the time of your death. The trust is a legal entity, which survives you after your death.

No, having a will does not avoid probate. A will is a legal document that, in general, states what the person who creates the will, usually called the testator, would like to happen after death to his or her property. A will can include a nomination of the person who will be the personal representative (formerly called executor) of the estate and who is to be named guardian and conservator for the care of any minor children.

Yes. In certain circumstances, an Arizona probate may not be required to obtain property or change title to the decedent's property.

A probate estate is a legal proceeding provided for by Ohio law to determine the assets of a deceased person who was an Ohio resident at the time of death, the value of those assets, and the distribution of those assets to the persons entitled to them by law.

You must see your attorney and advise him of your financial situation in order to preserve your assets and have them distributed as you desire.

Probate is the court process of proving the validity of a will. If there is no will, the process proves who the next of kin are, to determine who takes the estate. In Massachusetts, probate is not an expensive process; however, it can take time. In fact, the estate is required to stay open for one year from the date of death so that creditors have time to file any claim. Probate can be avoided by having assets held in a form that will pass title to others after your death by operation of law.

F. S. 733.101 Venue of Probate Proceedings: The venue of Probate of all Wills and granting of Letters shall be in the county in this state where the decedent had his domicile.

Many people are of the mistaken impression that if they have a Will, their Estate will not need to go through probate. This is not correct. The Will does not avoid probate; the Will merely provides the probate court direction on your wishes as far as how the Estate should be probated. This is accomplished by setting forth matters such as designation of a Personal Representative, beneficiaries, distribution and the appointment of a guardian for minors.

A probate estate is necessary to protect and conserve the assets of a decedent for the heirs, creditors, and other persons interested in an estate. The probate estate will provide for the payment of outstanding debts, the payment of taxes, and the distribution of the remaining assets to the persons entitled to receive them under the decedent's will, or by law.

There are several methods to use to avoid the probate process. These methods include creating a joint ownership with right to survival in property such as real estate, automobiles, and other titled property; making beneficiary designations on accounts such as payable-on-death (POD) accounts and transfer-on-death (TOD) accounts; and placing property in a Revocable Living Trust.

There are expenses involved with probate including lawyer's fees and court costs. Probate can be slower than a trust and the records are public records. Probate rules are less flexible than the rules that guide a trust. There are however some benefits to probate. A judge oversees the distribution of assets to ensure the person's will is followed.

One of the major objectives of estate planning is to avoid or minimize probate. This can be done using several planning strategies. For example, assets such as life insurance can have beneficiary designations so that at death the insurance proceeds are paid directly and do not go through probate. However, not all assets or property have beneficiary designations. Real estate is a prime example.

Probate has become a bad word in our society. It can be a time consuming and costly process. Proper estate planning can avoid Probate. If you do need to go through the Probate process, our office can help you through every step of the process.

In the case of a deceased individual, probate is the process prescribed by law by which a court oversees the administration of the deceased person’s assets. Probate is designed for the protection of the creditors of the deceased, the heirs of the deceased, and the beneficiaries of any will left by the deceased.

Probate fees vary according to the value of the estate. Please refer to the fee schedule for assistance in calculating the fees.