A common myth is that by having a Will one can avoid probate after death. However, having a Will does not necessarily avoid probate. Nevertheless, having a Will to streamline the post-death administration process and allow your assets to be distributed according to your wishes is always recommended. Probate is the court’s proceeding through which a deceased person’s assets are distributed and their debts are settled. 

An original Will is submitted to probate court to ensure its validity and guide asset distribution. During probate, the court oversees the administration of the estate, including validating the Will, ensuring payment of any outstanding debts or taxes, and authorizing the distribution of the remaining assets to the individuals or organizations named in the Will.

While having a Will can simplify the post-death process by providing clear instructions on asset distribution, it does not guarantee that a probate proceeding will be avoided entirely. In some cases, probate may still be necessary, especially if the estate is large,  complex, or if there are disputes among the devisees or challenges to the validity of the Will.

To avoid or minimize probate, individuals may explore other estate planning tools and strategies, such as creating a revocable trust, establishing joint ownership with rights of survivorship, or designating beneficiaries for certain assets like life insurance policies or retirement accounts. These alternatives allow assets to pass directly to beneficiaries outside of the probate process.

It is always advisable to consult with an estate planning attorney who can provide guidance specific to your situation and help you develop an estate plan that aligns with your goals and circumstances. In Arizona? Call us at 480-922-1010 or email info@bivenslaw.com to schedule your consultation today. Let us help you to leave a legacy without the mess. 

— Hannah McGuire, Esq.