Is probate always necessary?

No, probate is not always necessary; it can be avoided in several ways. First, because of a person’s family and financial situation it may not be needed. If the person owns little or no property, there would be no estate to probate. Also, sometimes between spouses with the amount and types of property they own and their family situation probate is unnecessary when the first one passes away. Before you choose to intentionally not probate a person’s estate please contact a competent probate attorney.

The other way probate can be avoided is by estate planning. There are several ways that you could set up your estate to avoid probate if that’s a goal of yours. Some of the most common ways this is done is through a trusts, payable on death accounts, jointly owning property, and survivorship agreements. If this is something you might be interested in please do not hesitate to call The J. Guerra Law Firm at (210) 366-4529.

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