Can a Will Help Me Avoid Probate?

A Last Will and Testament is an important estate planning document, but there’s a common misconception about its role in probate avoidance. While a will allows you to distribute your worldly goods, select a guardian for minor children and name an executor, it cannot actually help you avoid probate—it’s the centerpiece of the probate process itself.

Understanding Probate

Probate is the court-directed process for transferring a deceased person’s property to their lawful beneficiaries. When someone leaves a will, the court’s role is to validate that document and appoint an executor or administrator to distribute assets as outlined in it.

Actual Ways to Avoid Probate

If avoiding probate is your goal, an estate planning attorney can help you use alternative mechanisms:

Trusts and Entities

The most effective approach involves moving property into a trust or other legal entity separate from your personal estate. You maintain control during your lifetime, and a successor trustee takes over upon your death, distributing assets according to the trust agreement’s directions.

Beneficiary Designations

Life insurance and retirement account beneficiary designations transfer assets directly to named recipients, bypassing probate entirely.

Payable on Death and Transfer on Death

Some financial institutions allow POD (Payable on Death) or TOD (Transfer on Death) designations for accounts and real estate, directly transferring ownership to designated beneficiaries.

The Pourover Will

Even with probate-avoidance strategies in place, your estate plan should include a pourover will as backup to transfer any remaining property into your trust if necessary.

Probate Considerations

Probate costs and timelines vary significantly by state. In Texas, the process is relatively quick and affordable. A notable drawback: probated wills become public record, accessible to creditors and others.

If you or a loved one needs assistance with probate or estate planning, do not hesitate to contact The Stegall Law Firm. We are here to help.