One of the biggest myths we hear is that “I have a Will, therefore I don’t have to worry about probate.” Now, it’s true you don’t have to worry about probate (if you’re the one who’s passed away…), but having a Will doesn’t mean your loved ones get to avoid probate. True, having a Will is better than not having a Will (also known as intestacy), as you get to say who gets what, but the purpose of the Will is to provide written instruction to the judge. In fact, the word “Probo” (as in, probate) in Latin means “to prove.”

 

Now, probate isn’t evil and it’s not the end of the world if a probate has to be opened. That being said, it is expensive, time consuming, and of course, it all becomes public record. You plan to write someone out of your Will? That’s totally your right, but if a probate is opened, that disinherited person will be able to see that you intentionally excluded them (which may actually push you towards probate, we're not judging, just informing).

 

There are several ways to avoid probate and we can absolutely discuss those options during our meeting!