I often have clients tell me that they want to have a Will in order for avoid Probate.  The fact is that Wills only apply to Estates pending before the Probate Courts.  There are many ways to avoid probate, however, including Beneficiary Deeds, Transfer on Death or Pay on Death accounts, Trusts, Life Insurance policies, and the like.  Nevertheless, wills and Probate estates are not a bad thing and the concerns folks have for them is vastly overblown.  In fact, in many instances where there are several beneficiaries involved, allowing a person's property to pass through probate may be the best solution.   However, even if you desire to avoid probate, it is still advisable to have a will because invariably you will miss something that will end up in probate.

Posted on August 3, 2013 .