Title: Estate Planning FAQ: Can Probate Be Avoided?
1ESTATE PLANNING FAQ
Can Probate Be Avoided?
21
Last Wills Probate
3The most commonly utilized vehicle of asset
transfer in the field of estate planning is the
LAST WILL
4It can seem as though this is the simplest way to
transfer assets
5However, when you use a will the process of
probate is a factor
62
What Is Probate?
7Probate is a legal process
8The executor of the estate admits the will to
probate
9The probate court supervises the administration
of the estate
10The heirs to the estate don't receive their
inheritances until the estate HAS BEEN PROBATED
113
How Long Does It Take?
12Probate does not run its course overnight.
13The exact duration of probate will vary depending
on the complexity of the case
14Simple cases will take months
15Simple cases will take months
Complicated cases can take years
164
Is Probate Free?
17Probate comes with some significant costs in many
cases
18There are court costs, attorney fees, accounting
charges, appraisal expenses, and executor fees
19These can add up to consume a noticeable
percentage of the estate
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Is It Possible to Avoid Probate?
21PROBATE CAN BE AVOIDED if you take the
appropriate steps in advance
22There are a number of different probate avoidance
strategies that can be implemented
23The optimal course of action will depend on the
circumstances
246
What Probate Avoidance Strategy Is Widely
Recommended?
25The most effective probate avoidance strategy for
many people will be the creation of a REVOCABLE
LIVING TRUST
26With these trusts you don't surrender control of
the assets while you are living
27After you pass away, the beneficiaries receive
distributions from the trust OUTSIDE OF PROBATE
28San Jose CA Probate Avoidance Consultation
29If you would like to discuss probate avoidance
with a local San Jose CA estate planning lawyer
contact our firm at (408) 356-9200 TO REQUEST A
FREE CONSULTATION
30Click to visit www.attorneyoffice.com