Filing with a Probate Court is typically most often be required to settle an Estate.

However, in some circumstances, parts of the Probate process can be avoided; sometimes the full process may be entirely unnecessary.

Avoiding Probate may be preferred because:

• It can be slow -- the process can sometimes take many months or over a year, especially if the Estate is complicated or contested


• It can be costly -- many required expenses including, but not limited to, an attorney, the court, an Executor, or an Appraiser can add up


• It's public -- because it is a legal proceeding, all its information will be in the public record

The following situations allow a surviving family and Beneficiaries to avoid Probate:

• "Small" Estate -- if the Estate is "small" then it may be exempted by state law; the definition of "small" can differ drastically by state, so review local laws to determine if applicable


• Trusts -- if the deceased held certain Assets in a Trust, then they are not part of the Estate and not subject to Probate; however, if the deceased had a Living Trust, then Probate may still be needed, so review its details for more information


• Accounts Payable Upon Death -- financial accounts designated as Payable on Death or Transfer On Death (TOD) pass directly to Beneficiaries without going through Probate


• Joint Property Ownership -- if the deceased held property jointly with another person, then it may be transferred without needing court review; check the details of the deceased's property for final determination

Probate can be a challenging legal process and so a Probate Attorney or Estate Attorney is typically hired, though not technically required by law.

See the links below for more information about local state laws and Probate Attorneys for hire.