Living trusts today are the standard vehicle for building an estate plan and transferring assets to loved ones at death, as assets held by a living trust always avoid the probate process.
Why “Avoiding Probate” Matters in Estate Planning
If you’ve been exploring estate planning options, you’ve likely come across the phrase “avoid probate.” It’s a common piece of advice—and for good reason.
If you’ve personally experienced probate, whether as an executor or interested party, you probably understand the challenges it brings. But if not, the phrase might seem like just another bit of legal jargon.
Understanding what probate is—and why avoiding it can benefit your loved ones—can help you make smarter decisions when planning your estate.
What Is Probate?
Probate is the court-supervised legal process that takes place after someone dies, whether or not they had a will. If there are significant assets involved, the probate court steps in to ensure that debts are paid and remaining assets are distributed—either according to the will or, if there is none, according to state laws.
During probate, the court oversees the actions of the executor, and anyone who claims a right to the estate (called “interested parties”) may participate in the process. Disputes over the validity of the will, who qualifies as a beneficiary, or what the deceased really intended can all be aired in court.
Why You Might Want to Avoid Probate
If that sounds time-consuming, expensive, and emotionally exhausting—that’s because it often is.
Take the case of the late musician Prince. When he died in 2016 without a will, his estate entered probate. Nearly two years later, legal fees had already reached $6 million, and his heirs had yet to receive anything. In fact, there were fears that by the end of the drawn-out process, little would be left of his massive fortune.
Avoiding probate helps you:
- Prevent delays in your beneficiaries receiving their inheritance
- Minimize legal fees, court costs, and executor fees
- Spare your loved ones from potential legal battles
- Keep your affairs more private and less reliant on third parties like attorneys and court officials
How to Avoid Probate
Fortunately, it’s not difficult to keep most of your estate out of probate—especially with the guidance of a qualified estate planning professional.
Some common tools to avoid probate include:
- Living Trusts: Assets placed in a trust can be distributed according to your instructions without court involvement—during your life, after death, or both.
- Life Insurance: These policies can pass directly to named beneficiaries outside the probate process.
- Joint Ownership with Right of Survivorship: Property or accounts held jointly can transfer automatically to the surviving owner.
- Lifetime Gifts: Strategic giving while you’re still alive can reduce estate taxes and bypass probate entirely.
Final Thoughts
While probate can serve an important legal function, most people benefit from planning their estates in ways that avoid it. Doing so can save your loved ones time, money, and stress—allowing them to focus on what really matters after you’re gone.
Working with an estate planning expert can help you craft a plan that protects your legacy and spares your family unnecessary complications.
These legal topics are provided to you by the President of QMC, Mark Easley. While QMC does not engage in the practice of law, Mr. Easley has practiced estate planning and elder law for over 30 years and is currently the principal at the Elder and Estate Planning Law Firm of St. Louis.