Estate planning isn't just about paperwork—it’s about protecting the people and things that matter most. At Legacy One Law Firm, APLC, we believe your legacy deserves more than a cookie-cutter solution. Whether you're planning for your family's future, safeguarding your assets, or preparing for unexpected life events, our personalized approach ensures your wishes are honored and your loved ones are supported. From wills and trusts to healthcare directives and guardianship planning, we guide you every step of the way with clarity, compassion, and confidence.
Let’s take the stress out of “what if” and turn it into a solid plan for “what’s next.” Book a call with us today to start building an estate plan that reflects your values, secures your legacy, and gives you peace of mind. Your future is worth planning for—and we’re here to help you do it right.
The word probate is from the Latin probare, meaning something proved. In current use, probate is an umbrella term describing the process of a court validating a last will and testament, approving the executor named in the will and issuing Letters Testamentary so the executor can settle the estate.
The time it takes for an estate to be probated, and the associated costs, depend on the jurisdiction, the estate's complexity and whether the decedent took steps to minimize the assets that go through probate.
Why is Probate Necessary?
Probate formally establishes the authenticity of the will, provides a framework for distributing assets and offers a forum for disagreements about the will or asset distribution. It ensures that taxes and debts are identified and paid before assets are distributed to beneficiaries.
Why Should It Be Avoided?
Probate can take months or years to resolve and incur high costs. Distribution of assets won’t take place until after probate has ended, which could result in hardships for heirs facing taxes or the costs of maintaining real estate. In addition, during probate, the will becomes part of the public record, so any interested party can gain access to what should be private information.
What Happens if the Will is Declared Invalid?
If the court decides the will is not valid, distributing assets becomes problematic. A will could be found invalid if the testator lacked capacity when the will was executed, was unduly influenced, or if there are technical or clerical errors in the will.
When the court finds a will invalid, the estate is treated as if there was never a will, known as intestacy. The will is disregarded, and instead, state laws are used to govern asset distribution. The court appoints an administrator, who is paid by the estate and who then “administers” the assets subject to probate.
How Can Probate be Avoided?
Estate planning can avoid or minimize assets going through probate. The will may still need to be validated, and the executor must be approved. However, removing assets from the estate has a number of advantages. Key points to consider:
Estate Planning Minimizes the Impact of Probate
While probate serves a legitimate purpose, it can introduce unnecessary delays and costs into what is already a challenging time. With effective estate planning, probate can be minimized or avoided entirely, maintaining privacy, reducing the risk of litigation, protecting the family and facilitating a smooth transition of wealth.
Building wealth is only half the job. Protecting wealth for your loved ones and yourself is equally important. Through estate planning, business planning, and asset protection, our firm will help you protect everything you love — family, friends and favorite charities. For more information, be sure to visit our website where you can explore details about our firm, gain access to our informative blog and enjoy a complimentary newsletter subscription.
