What are the Best Ways to Avoid Probate Court? Our Probate Lawyer Explains
Davidson Law Group represents clients who are walking through the probate process, but we want to help you avoid probate court at all costs. Probate court is expensive, slow-moving, and it can cause your assets to be stuck in legal proceedings for long periods of time. Probate proceedings are also public, adding one more hassle to the probate list. While avoiding probate should be the goal, hiring a probate lawyer can actually be beneficial as they can help steer you away from court. In today’s blog post, we will discuss some strategies that you and your probate lawyer can use to avoid probate court.
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As is true with anything, planning out details before the fact will help the process run smoother. There are several alternatives to probate and probate court that can come before you need a probate lawyer. One such alternative is trusts, something that the probate lawyers at Davidson Law Group strongly believe that having your assets in a trust is the best way to avoid probate court. A trust allows you to have a plan for your assets without doing so in the public eye.
We also believe that life insurance, IRAs, and retirement accounts are all strong pre-planning alternatives to probate court. These vehicles allow you to determine beneficiaries while you are still alive and distributes them once you pass, without needing to go to probate court. Some other pre-planning alternatives include Lady Bird Deeds, POD or TOD accounts, and Joint Tenancy.
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Alternatives to Probate For After A Loved One Has Passed
While pre-planning alternatives are an easier long-term solution, there are still legitimate alternatives for after you or a loved one passes away. One of the better alternatives is a trust administration. What a trust administration essentially does is help to distribute the assets that were held in a trust. This goes hand-in-hand with the pre-planning alternative of trusts.
There is also an affidavit of heirship, which helps to transfer real estate after a person passes away even if that person didn’t have a will. This is a document that is filed with the county clerk and it avoids full probate proceedings. A probate lawyer is beneficial to have during these times, especially one who seeks to help you avoid probate court.