Probate can be a long, expensive, and emotionally draining process for families. While it serves a legal purpose—ensuring assets are properly distributed—it often creates more problems than it solves. Here are seven reasons for bypassing probate—one of the smartest moves you can make during estate planning.



<h4 class="wp-block-heading" id="h-1-saving-time-probate-can-drag-on-for-months-or-years">1. Saving Time: Probate Can Drag on for Months (or Years)</h4>



One of the biggest drawbacks of probate is its timeline. Depending on the complexity of the estate, probate can take anywhere from several months to several years. Delays often arise from court backlogs, required legal notices, and disputes among beneficiaries. Bypassing probate makes a difficult time far easier, but it also has immediate, practical benefits—including giving beneficiaries money to cover burial costs.



Real-World Example: When singer Prince passed away in 2016 without a will or trust, his estate entered probate and a <a href="https://www.forbes.com/sites/matthewerskine/2024/01/17/the-battle-for-princes-estate-unending-conflict-legal-drama-and-lessons-for-family-business/" target="_blank" rel="noopener noreferrer">fight over his estate</a> ensued. Six years later, his heirs were still battling in court. By contrast, <a href="https://www.bbc.com/news/entertainment-arts-67565918" target="_blank" rel="noopener noreferrer">a found document</a> clarified Aretha Franklin’s wishes in the dispute over her estate.



<h4 class="wp-block-heading" id="h-2-saving-money-probate-costs-can-erode-your-estate">2. Saving Money: Probate Costs Can Erode Your Estate</h4>



Probate isn’t just time-consuming—it’s expensive. Court fees, attorney fees, and executor fees can add up, often consuming 5-10% of an estate’s total value. That’s money that can go directly to loved ones.



Key Costs of Probate:



<ul class="wp-block-list">
<li>Court filing fees</li>



<li>Attorney expenses</li>



<li>Executor compensation</li>



<li>Appraisal costs</li>



<li>Potential estate taxes</li>
</ul>



A properly set up trust transfers assets smoothly—bypassing probate altogether and eliminating many of these costs.



<h4 class="wp-block-heading" id="h-3-keeping-estate-details-private">3. Keeping Estate Details Private</h4>



Probate is a public legal process. Once an estate enters probate, its details—including assets, debts, and beneficiaries—become part of public record. This can invite unwanted scrutiny, financial predators, and disputes among family members.&nbsp;



A trust, however, keeps estate matters private, ensuring only designated beneficiaries and trustees know the details.



<h4 class="wp-block-heading" id="h-4-reducing-emotional-anguish-for-loved-ones">4. Reducing Emotional Anguish for Loved Ones</h4>



Losing a loved one is already painful. Adding a lengthy and complicated probate process only exacerbates stress for grieving families. Probate can also create unnecessary tension, especially if heirs disagree on asset distribution.



Hypothetical Scenario: Imagine two siblings grieving the loss of their mother. With a trust, her assets transfer smoothly per her wishes. Without a trust, the siblings disagree over asset distribution and go to probate court—hiring attorneys and delaying closure for years.&nbsp;



Bypassing probate ensures that families can focus on healing rather than arguing in court.



<h4 class="wp-block-heading" id="h-5-faster-access-to-assets-for-beneficiaries">5. Faster Access to Assets for Beneficiaries</h4>



Probate ties up assets for months or longer, meaning heirs may have to wait before accessing financial accounts, selling real estate, or even covering funeral expenses. In contrast, assets in a trust are immediately accessible to beneficiaries upon the grantor’s passing.



Hypothetical Example: A father leaves his business assets to his daughter in a trust. She takes over operations immediately, keeping the business afloat. Had the assets been subject to probate, the business might have suffered losses or even shut down before she could legally take over.



<h4 class="wp-block-heading" id="h-6-avoiding-family-disputes-and-challenges">6. Avoiding Family Disputes and Challenges</h4>



Probate can create a battleground for disgruntled family members who feel entitled to a larger share of the estate. Trusts significantly reduce the likelihood of disputes because they clarify asset distribution in a legally binding way.



Hypothetical Example: A grandfather leaves a sizable inheritance to his grandchildren, excluding his estranged son. Because he set up a trust, the grandfather can legally leave the inheritance to his grandchildren and prevent the estranged son from challenging his wishes in probate court.



<h4 class="wp-block-heading" id="h-7-providing-for-minor-children-or-special-needs-beneficiaries">7. Providing for Minor Children or Special Needs Beneficiaries</h4>



Probate doesn’t automatically ensure proper asset management for minor children or individuals with special needs. A trust, however, allows for structured distributions over time, ensuring financial security for loved ones who may not be able to manage large sums of money on their own.



Hypothetical Example: A mother sets up a trust for her 10-year-old daughter, ensuring she receives distributions for education, living expenses, and major life events at specific ages. Had she relied on probate, a court-appointed guardian might have controlled the funds in a way that didn’t align with her wishes.



<h2 class="wp-block-heading" id="h-bypassing-probate-is-a-smart-move">Bypassing Probate Is a Smart Move</h2>



There are very good reasons for bypassing probate—from practical reasons like saving time to emotional ones like sparing loved ones further hardship. The good news is that bypassing probate isn’t hard. You just need a trust.



While wills serve an important function, they don’t avoid probate. The most effective way to bypass probate entirely is by creating a <a href="https://simplytrust.io/2547/what-is-a-revocable-trust/">revocable trust</a>. This legal tool ensures a smooth, cost-effective, and private transfer of assets to beneficiaries.

7 Reasons for Bypassing Probate

Probate: insult on top of injury. No one likes it and the timing of it is terrible, but it’s often a necessary evil in the world of estate planning. If you’re wondering what exactly it is and why it has the reputation of being the DMV of estate planning, here’s a quick overview.



<h2 class="wp-block-heading" id="h-the-basics">The Basics</h2>



At its core, probate is the legal process of sorting out someone’s estate. Imagine someone left behind a to-do list, but it’s written in legalese. Probate is the process of checking all the boxes—validating a will, paying off debts, and making sure the remaining assets go to the right people. In short, it’s how the court ensures everything goes according to someone’s wishes.&nbsp;



<h2 class="wp-block-heading" id="h-why-does-probate-exist-seriously-why">Why Does Probate Exist? (Seriously, Why?)</h2>



While it may test your patience, it serves a few good purposes:



<ol class="wp-block-list">
<li>Proving the Will Is Legit: The court makes sure the will isn’t something scribbled on a napkin during a dinner party. (Unless, of course, that’s legal in your state.)</li>



<li>Settling Debts and Taxes: If the estate owes money, probate ensures creditors get their share before anyone else dips into the pot.</li>



<li>Fair Distribution: When there’s no will (it happens, unfortunately), probate makes sure assets go where they’re supposed to go according to state laws. Avoiding real-life Game of Thrones scenarios (those happen too, unfortunately).</li>
</ol>



<h2 class="wp-block-heading" id="h-how-does-probate-work">How Does Probate Work?</h2>



The process isn’t one-size-fits-all, but here’s the overall gist:



<ol class="wp-block-list">
<li>Filing the Paperwork: First, someone (usually the executor named in the will) files a petition with the court. If there’s no will, the court appoints someone to do the honors.</li>



<li>Notifying the World: The executor has to notify beneficiaries, heirs, and creditors. Yes, even the ones everyone is trying to avoid.&nbsp;</li>



<li>Making a List (and Checking It Twice): Someone has to inventory and value all assets, big or small. From family heirlooms to that funky lamp no one wanted.</li>



<li>Paying the Bills: Before any inheritance drama can unfold, someone has to pay off any debts and taxes. (They don’t just vanish, unfortunately.)</li>



<li>Divvying It Up: Whatever’s left goes to the heirs or beneficiaries. Cue the sighs of relief.</li>
</ol>



<h2 class="wp-block-heading" id="h-do-all-assets-go-through-probate">Do All Assets Go Through Probate?</h2>



Thankfully, no! Some assets take the express lane around probate, like:



<ul class="wp-block-list">
<li>Trusts (a probate MVP),</li>



<li>Jointly owned property with rights of survivorship, and</li>



<li>Accounts with designated beneficiaries like life insurance or retirement plans.</li>
</ul>



<h2 class="wp-block-heading" id="h-can-you-dodge-probate">Can You Dodge Probate?</h2>



Smaller estates or those with solid estate plans can simplify or even <a href="https://simplytrust.io/2675/avoid-probate-with-a-trust/">avoid probate</a> altogether. Planning ahead can be your secret weapon, saving your loved ones the hassle (and possibly a few gray hairs). <a href="https://simplytrust.io/3111/10-ridiculous-grounds-for-getting-a-trust/">Getting a trust</a> is huge for dodging probate.



<h2 class="wp-block-heading" id="h-the-dmv-of-estate-planning">The DMV of Estate Planning</h2>



We’ll just say it: probate is a headache that can come at a really tough time. But it’s there to keep things fair and square. The good news is that a little planning—like creating a trust and organizing your assets—can make probate unnecessary or at least less of a burden for your loved ones.



And, really, isn’t that what estate planning is all about? Giving your family peace of mind?

What Is Probate? (The DMV of Estate Planning)

Let’s be real—probate isn’t anyone’s idea of a good time. It’s slow, expensive, and can get way too personal since it’s all on public record. The good news? You can avoid probate entirely by using a trust.&nbsp;



Trusts make it super easy to pass on your assets without dragging your loved ones through the legal wringer. (Skipping probate is a huge factor in the <a href="https://simplytrust.io/2668/trust-vs-will/">trust vs. will</a> debate.) Here’s a straightforward look at how trusts help you skip <a href="https://simplytrust.io/2713/what-is-probate-the-dmv-of-estate-planning/">probate</a> and why they’re definitely worth considering. 



<h2 class="wp-block-heading" id="h-what-is-probate-and-why-should-you-care">What Is Probate and Why Should You Care?</h2>



Probate is the legal process of sorting out someone’s <a href="https://simplytrust.io/2540/glossary-of-estate-planning-terms/">estate</a> after they’re gone. The court makes sure you pay your debts and your assets go to the right people. Sounds fair, right? Sure, but it comes with a lot of baggage:



<ul class="wp-block-list">
<li>It’s Slow: Probate can drag on for months or even years.</li>



<li>It’s Expensive: Court fees, attorney fees—they add up fast.</li>



<li>It’s Public: Anyone can snoop on your financial details since probate records are open to the public.</li>
</ul>



If all of that sounds like a hassle you’d rather avoid, a trust might be your new best friend.



<h2 class="wp-block-heading" id="h-how-does-a-trust-help-you-avoid-probate">How Does a Trust Help You Avoid Probate?</h2>



A trust is like a magic box where you stash your assets. You hand over control of the box to a trustee (someone you trust, get it?), and they follow your instructions for managing and distributing what’s inside. Because the trust owns the assets, they’re not part of your “probate estate,” so they don’t have to go through the probate process.



Here’s the basic rundown:



<ol class="wp-block-list">
<li>Set Up the Trust: You create a trust document that lays out all the rules for handling your assets.</li>



<li>Transfer Your Assets: Move your stuff—like your house, bank accounts, or investments—into the trust.</li>



<li>Name a Trustee: Pick someone reliable to manage the trust (at first, this is you).</li>



<li>Skip Probate: When the time comes, the trustee transfers your assets directly to your beneficiaries. No courts, no delays. Probate dodged.</li>
</ol>



<h2 class="wp-block-heading" id="h-types-of-trusts-that-keep-probate-away">Types of Trusts That Keep Probate Away</h2>



When it comes to trusts, there are two main flavors: revocable and irrevocable. Both can help you avoid probate, but they’re a little different.



<h3 class="wp-block-heading" id="h-revocable-trusts-aka-living-trusts">Revocable Trusts (aka Living Trusts)</h3>



<ul class="wp-block-list">
<li>Flexibility: You can change or cancel them anytime.</li>



<li>Control: You’re still in charge of the assets at first.</li>



<li>Probate-Free: Your beneficiaries get the assets without dealing with probate.</li>
</ul>



<h3 class="wp-block-heading" id="h-irrevocable-trusts">Irrevocable Trusts</h3>



<ul class="wp-block-list">
<li>Set in Stone: Once you create it, you can’t easily change it. (Note: <a href="https://simplytrust.io/3201/why-revocable-trusts-become-irrevocable/">revocable trusts become irrevocable</a> automatically when the grantor passes.)</li>



<li>Extra Perks: Provides protection from creditors and can lower estate taxes.</li>



<li>Probate-Free: Just like a revocable trust, it avoids probate.</li>
</ul>



<h2 class="wp-block-heading" id="h-what-can-you-put-in-a-trust">What Can You Put in a Trust?</h2>



You might be wondering what you can actually put in a trust. The short answer? A lot! Some common examples include:



<ul class="wp-block-list">
<li>Real Estate: Skip the months-long hassle of transferring property.</li>



<li>Bank Accounts: Make sure your loved ones have access to cash right away.</li>



<li>Investments: Manage stocks and bonds seamlessly.</li>



<li>Personal Valuables: Jewelry, art, or even family heirlooms can all go in.</li>
</ul>



One caveat: if you leave anything out of the trust, it could still end up in probate. Which is why it’s important to keep your trust up to date by continually stuffing things into the box.



<h2 class="wp-block-heading" id="h-why-skipping-probate-is-a-big-win">Why Skipping Probate Is a Big Win</h2>



Using a trust to avoid probate isn’t just about saving time and money—it’s about making life easier for the people you care about. Here are some of the biggest perks:



<ul class="wp-block-list">
<li>Privacy: Trusts are private, so nosy neighbors and distant relatives won’t see what you left behind.</li>



<li>Speed: Your beneficiaries get their inheritance faster. No waiting on courts.</li>



<li>Simplicity: No lawyers, no drawn-out legal process—just smooth sailing.</li>



<li>Continuity: At any point, the trustee can step in and manage everything seamlessly.</li>
</ul>



<h2 class="wp-block-heading" id="h-avoid-probate-if-you-can">Avoid Probate If You Can</h2>



<a href="https://simplytrust.io/3057/7-reasons-for-bypassing-probate/">Bypassing probate</a> with a trust is a smart move if you want to save your family time, money, and stress. Whether you’re just starting to think about estate planning or you’re ready to take action, setting up a trust can be a game-changer.



It’s not as complicated as it sounds, and the peace of mind it brings is totally worth it. Your future self (and your family) will thank you.

Avoid Probate with a Trust

<a href="https://simplytrust.io/2514/what-is-estate-planning/">Estate planning</a> may seem like a daunting task, but one tool stands out for its simplicity and flexibility: the revocable trust. Whether you&#8217;re new to the concept or exploring options to safeguard your assets, understanding these trusts is a smart move. Let’s break it down.



<div class="schema-faq wp-block-yoast-faq-block"><div class="schema-faq-section" id="faq-question-1737078576308">What is a revocable trust? A revocable trust is a legal arrangement where a person (the trustor) places assets into a trust while maintaining control over them during their lifetime. As the name suggests, a revocable trust can be altered, amended, or even revoked entirely as long as the trustor is alive and competent. </div> </div>



Think of it like a customizable safety deposit box. You can add or remove items, and you hold the key to make changes anytime you want. The trust ensures that your assets go where you want them to without probate—a lengthy court process for distributing a person’s estate.



<h2 class="wp-block-heading" id="h-how-does-it-work">How Does It Work?</h2>



When creating a revocable trust, you&#8217;ll typically have three roles:



<ol class="wp-block-list">
<li>Trustor: The person who creates the trust and places assets into it.</li>



<li><a href="https://simplytrust.io/2540/glossary-of-estate-planning-terms/">Trustee</a>: The person or entity managing the trust. Many trustors serve as their own trustee initially.</li>



<li>Beneficiary: The individual(s) or organizations who will receive the trust&#8217;s assets.</li>
</ol>



The trust document, often called a trust agreement, outlines the rules for managing the assets, specifies who receives them after your lifetime, and names a successor trustee to step in if you can no longer manage the trust.



<h2 class="wp-block-heading" id="h-funding-the-trust">Funding the Trust</h2>



To make a revocable trust effective, you&#8217;ll need to transfer ownership of your assets into it—also known as &#8220;<a href="https://simplytrust.io/2698/what-does-fund-a-trust-mean/">fund a trust</a>.&#8221; This can include real estate, bank accounts, investments, and even personal items with sentimental value. <a href="https://simplytrust.io/3114/8-reasons-why-trust-funding-is-vital/">Trust funding is vital</a>. (Often paired with revocable trusts, a <a href="https://simplytrust.io/3100/what-is-a-pour-over-will/">pour-over will</a> transfers the assets you forget.)



<h2 class="wp-block-heading" id="h-benefits-of-a-revocable-trust">Benefits of a Revocable Trust</h2>



Why do many people choose a revocable trust over other estate planning tools? Here are some key advantages:



<h3 class="wp-block-heading" id="h-1-avoiding-probate">1. Avoiding Probate</h3>



Assets held in a revocable trust bypass the probate process, which can be time-consuming, expensive, and public. This means your beneficiaries receive their inheritance faster and with less hassle.



<h3 class="wp-block-heading" id="h-2-flexibility">2. Flexibility</h3>



As long as you&#8217;re alive, you can modify the trust to reflect changes in your circumstances, whether that’s adding new assets, updating beneficiaries, or adjusting instructions.



<h3 class="wp-block-heading" id="h-3-privacy">3. Privacy</h3>



Unlike wills, which become public record during probate, a revocable trust keeps your estate details private.



<h3 class="wp-block-heading" id="h-4-continuity-in-incapacity">4. Continuity in Incapacity</h3>



If you’re unable to manage your affairs due to illness or injury, your successor trustee can step in and manage the trust on your behalf, ensuring asset distribution follows your specific instructions.



<h2 class="wp-block-heading" id="h-how-is-a-revocable-trust-different-from-a-will">How Is a Revocable Trust Different From a Will?</h2>



While both a trust and a will specify how to distribute your assets, they have significant differences:



<ul class="wp-block-list">
<li>Probate Avoidance: Assets in a trust skip probate, while those covered by a will must go through the process.</li>



<li>Privacy: A will becomes public record; a revocable trust does not.</li>



<li>Timing of Asset Distribution: Trust assets distribute immediately upon death, whereas probate can delay distributions for months or even years.</li>



<li>Incapacity Planning: A trust provides a mechanism for managing your assets if you become incapacitated, something a will alone can’t do.</li>
</ul>



<h2 class="wp-block-heading" id="h-what-about-irrevocable-trusts">What About Irrevocable Trusts?</h2>



While revocable trusts are all about flexibility, irrevocable trusts are…not. Basically, you can’t modify or revoke an irrevocable trust without the beneficiaries’ consent. So why would you go this route? Irrevocable trusts offer benefits like tax advantages and asset protection, which revocable trusts don’t.



For example:



<ul class="wp-block-list">
<li>Tax Benefits: Irrevocable trusts can remove assets from your taxable estate.</li>



<li>Creditor Protection: Irrevocable trusts typically shield assets from creditors—not the case with revocable trusts.</li>
</ul>



That said, these trusts are more complex and not as commonly used for general estate planning.



<h2 class="wp-block-heading" id="h-flexibility">Flexibility</h2>



A revocable trust can adapt to your needs over time. It’s especially beneficial for those with:



<ul class="wp-block-list">
<li>Multiple types of assets, including real estate and investments (here&#8217;s a list of <a href="https://simplytrust.io/2693/what-goes-in-trusts-here-are-50-things/">what goes in trusts</a>).</li>



<li>Family members with special needs who require ongoing financial support.</li>



<li>A desire to simplify the inheritance process for their loved ones.</li>



<li>Concerns about privacy or avoiding probate.</li>
</ul>



However, a revocable trust might not be the best fit for everyone. If an estate is small and straightforward, a will might suffice. Or, if someone wants to shield assets from creditors or reduce estate taxes, an irrevocable trust may be more suitable.



<h2 class="wp-block-heading" id="h-common-misconceptions-about-revocable-trusts">Common Misconceptions About Revocable Trusts</h2>



<h3 class="wp-block-heading" id="h-1-does-it-protect-against-creditors">1. Does It Protect Against Creditors?</h3>



No. Because you retain control over the assets, they remain part of your estate and are not shielded from creditors.



<h3 class="wp-block-heading" id="h-2-will-it-reduce-taxes">2. Will It Reduce Taxes?</h3>



A revocable trust does not offer tax benefits during someone’s lifetime. Estate taxes may still apply, depending on the size of an estate and applicable laws.



<h3 class="wp-block-heading" id="h-3-does-it-replace-a-will">3. Does It Replace a Will?</h3>



Not entirely. Although a “pour-over will” covers assets not transferred into the trust during your lifetime.



<h2 class="wp-block-heading" id="h-final-thoughts">Final Thoughts</h2>



Revocable trusts are a versatile and powerful tool for estate planning. They offer flexibility, privacy, and peace of mind—whether you&#8217;re just starting to think about your estate or looking to refine your plan. With a bit of planning, a trust can ensure smooth management and distribution of assets—making life easier for you and your loved ones.

Asset Management

Real-time Updates

Digitally Establish

50% Off For Life

California

Florida

New York

Illinois

All States

Probate

7 Reasons for Bypassing Probate

What Is Probate? (The DMV of Estate Planning)

Avoid Probate with a Trust

What Is a Revocable Trust?