Avoiding Probate


What exactly does “Avoiding Probate” mean?

It means choosing to use something other than your will to pass your assets to your beneficiaries at your death. Avoiding probate means not using your will.

Examples of ways to avoid probate:

  • living (or revocable) trusts
  • “payable on death” or “transfer on death” designations on bank accounts or real estate
  • “joint with right of survivorship” designations on bank accounts real estate

What are the benefits of “Avoiding Probate”?

In general, avoiding probate can:

  • minimize the cost and the length of time needed to administer an estate;
  • keep your financial affairs and your beneficiaries private.

What are the drawbacks of “Avoiding Probate”?

Like any estate planning goal, avoiding probate must be done very carefully and as part of an overall estate plan. It is not as simple as adding your children’s names as beneficiaries on all of your assets. A “Do It Yourself” estate plan could have serious consequences, such as your assets being distributed to the wrong beneficiaries.

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Dell Burtis Law is located in Tiffin, Ohio and assists clients throughout Seneca, Sandusky, Huron, Crawford, Wyandot, Hancock and Wood County, Ohio, with legal matters relating to Estate Planning (wills, trusts, powers of attorney), Elder Law (medicaid and nursing home planning), Business Law (formation, succession and purchases/sales) and Real Estate (titles, closings, agreements and easements).