Many people assume that estate administration with a will is simple and straightforward, while trust administration is complex. This is actually a common misconception that can yield a less-than-ideal outcome.
When a will is used, the executor must admit the will to probate. The probate process serves a useful legal function, but it can also create challenges for the beneficiaries of an estate. Let’s explore five things you should know about probate as you consider your estate planning options.
There Are Probate Shortcuts
Before diving into the probate process, it’s important to mention that there are some ways to expedite probate in certain situations. For one, there is a small estate affidavit option in Arizona for estates valued at $75,000 or less. There is also a simplified probate procedure for small estates.
Probate Isn’t Free
A key fact to understand about probate is that it comes with various expenses. These can include court fees, attorney fees, and the executor’s compensation, which reduce the overall value of the estate.
In other words, probate costs effectively come out of the inheritance that your beneficiaries will receive.
These costs can add up quickly, especially in more complex cases, leaving heirs with less than you may have intended. This is a significant drawback of the probate process.
Probate Is Time-Consuming
One of the most frustrating aspects of probate for beneficiaries is the amount of time it takes to complete. On average, probate can take anywhere from a year to 18 months, depending on the complexity of the estate and any disputes that may arise.
During this time, the beneficiaries will not receive their inheritances. Assets are tied up until the probate process is completed, and the court officially closes the estate. For beneficiaries who may need immediate access to their inheritance, this delay can cause financial strain.
Privacy Is Lost During Probate
When it comes to financial matters, most people value their privacy. Unfortunately, when a will goes through probate, the process becomes part of the public record. This means that anyone can access details about the estate, including the assets involved and the names of the beneficiaries.
Losing privacy can lead to unwanted attention or even disputes among family members, particularly if the details of the inheritance cause hurt feelings. If maintaining privacy is important to you, avoiding probate should be a priority.
Probate Can Be Avoided
The good news is that probate is not a requirement if you plan ahead. One of the most effective ways to avoid probate is by using a revocable living trust.
When you create a living trust, you transfer ownership of your assets to the trust while retaining control as the trustee during your lifetime.
Upon your death, the successor trustee you have appointed will manage and distribute your assets according to your instructions in the trust document.
Since the assets are already in the trust, they bypass the probate process entirely. This allows for quicker distributions, reduces costs, and maintains privacy.
In addition to avoiding probate, a living trust can provide flexibility and control over how and when your beneficiaries receive their inheritance. You can set conditions for distributions, such as providing funds over time instead of in a lump sum, offering additional protection for your loved ones.
We Are Here to Help!
Estate planning is a complex process, and the right strategy depends on your unique circumstances. Whether you need to protect your assets from probate, provide for children, or ensure a smooth transfer of wealth, there are many tools available to achieve your goals.
If you’re ready to create or update your estate plan, we’re here to help. To work with an estate planning lawyer in the Tucson, Phoenix, or Flagstaff area, call us at 888-222-1328. We also have a contact form on this site you can use if you would rather send us a message.
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