ABA Family Legal Guide

Estate Planning

Probate

How can I avoid or limit probate?

In many states, it may well not be worth the trouble to avoid probate. But if your lawyer thinks probate is apt to be costly or time consuming for your estate, good estate planning can minimize expenses. Passing most of your property through a living trust or by joint tenancy or some other means that avoids probate leaves very little property to be distributed through your will. The smaller the size of the probate estate, the lower the costs, especially if it is small enough to qualify for expedited processing. Most states have adopted alternatives to formal probate procedures for wills that do not pass real estate or assets over a certain amount. These procedures can help save court fees, lawyer's fees, and executor fees.