Should You Try to Avoid Probate?

There are a lot of bad things said about probate. Many people fear it and want to ensure their estate never has to go through it. Others feel it is a waste of time and money. However, probate in Ohio exists for a reason. It is the legal process that ensures the handling of your estate is done properly. So, you may wonder if you should try to avoid the process or if it is not really that bad of a thing.

The American Bar Association explains that due to state laws, your estate may not even have to go through probate. Generally, it is for larger estates only. If you have minimal assets or you have a spouse with whom you share all your assets, then your estate probably will not even go through the process.

However, even if your estate does require probate, it may not be a bad thing. The court supervises the whole process. It verifies the legitimacy of your will and other estate documents, it holds your executory responsible and it ensures your debts, such as taxes, get paid so your heirs do not have to worry about them. It can be quite beneficial to your heirs if they do not really understand the administration process.

When trying to avoid probate, you may use a living trust. This can help, but it may not be as effective as you think. A trust alone will not stop the delays and other issues that you are trying to avoid by avoiding probate. You have to have a complete estate plan with a well-written will. Even then, probate may still be helpful. This information is for education and is not legal advice.