Your Will Doesn’t Avoid Probate.
One of the biggest misconceptions we see is the belief that having a Will means your family won’t go through probate. Unfortunately, that’s not how it works. In reality, your Will is the rulebook for probate. It tells the probate court who should be in charge of your estate (the executor) and who should receive the assets that go through the probate process.
What Is Probate, and Why Avoid It?
Probate is the legal process of transferring your assets after death under the supervision of the court. That means:
Court filings and oversight
Delays (often months, sometimes longer)
Costs (filing fees, attorney’s fees, etc.)
Public record (your Will and a list of your assets become available to anyone who looks)
For many families, this process is more time-consuming and expensive than necessary — especially when there are simple ways to pass assets outside of probate.
How to Keep Assets Out of Probate
The good news is you have options. Many of the most effective tools are simple and already available to you:
Beneficiary designations. Retirement accounts, life insurance, and even bank or brokerage accounts can pass directly to named beneficiaries. Many financial institutions let you add Payable on Death (POD) or Transfer on Death (TOD) designations.
Trusts. A properly funded revocable living trust can hold most types of assets and allow them to transfer smoothly to your beneficiaries without court involvement. A revocable living trust can be funded during your lifetime, or through beneficiary designations upon your death.
Joint ownership. Assets owned jointly with right of survivorship pass directly to the surviving owner. Particularly when the joint owner is a spouse, you should be cautious about using joint ownership as a probate avoidance tools, as there are a host of reasons why one of the two options above would be the approach.
By making smart use of these tools, you can reduce or even eliminate the need for probate — saving your family time, money, and stress.
Where Does a Will Fit In?
Even if your goal is to avoid probate, a Will still matters. It acts as a “safety net” for any assets that don’t pass through beneficiary designations or trusts. It also lets you name guardians for minor children.
But think of the Will as a backstop — not the centerpiece — of your estate plan. For most families, the real work of avoiding probate happens through trusts and beneficiary designations.
Final Thoughts
If you’ve heard that “all you need is a Will,” it may be time to revisit that advice. The truth is, a Will doesn’t avoid probate — it guides it. The better approach for most people is to combine a Will with other planning tools that allow assets to transfer directly to loved ones without the court’s involvement.
If you’d like to talk through your options and build a plan that truly fits your goals, we’d be glad to help.