Some people don’t want to probate a will. There is no requirement that a will or property go through probate, but if the decedent owned property that is not arranged specifically to avoid probate (see below), there is no way for the beneficiaries to obtain legal ownership without it. There are some exceptions to this. Florida law allows a family to own property in a decedent’s name if they continue to pay taxes and do not sell it.
Most states recognize that a full probate process can be expensive and time-consuming. Because of this, small estates are usually eligible for a simplified process that generally does not require use of a probate lawyer. In West Virginia, for example, if the decedent’s estate is less than $100,000, a small estate probate process is used. These types of procedures make probate court accessible to most families and encourages people to create wills.
Release Time: 2020-03-28 02:06:30
It is possible to avoid probate entirely with careful planning. This is desirable for some people because doing so not only reduces legal fees, but it can mean avoiding the estate tax, which can take a significant amount of a very wealthy estate. Avoiding probate can also protect privacy, since some of the records may not be available to the public.