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Do Wills Avoid Probate?

April 1, 2020

ANSWER: No, but living trusts, done properly, do.

Wills are simply instructions to the court as to who is to get your property when you pass away as well as who you want to be in charge of your estate. As long as you pass away owning assets, subject to probate, whose value exceeds a certain amount, a probate will be necessary.

I’ll explain the hows and whys later, but for now, I’ll give you the simple version of why trusts can keep your estate out of probate. Put simply, a properly done trust takes your assets out of your estate and makes them trust assets. Then, technically, you die without any assets that are subject to probate.

This is a big subject and I plan to post more details and information in the weeks to come.

You can call or email me if you want more information about this. My email is

The opinions stated herein are general and might not apply to specific situations. If you have a specific legal problem, you should contact an attorney.