IS PROBATE SOMETHING TO BE AVOIDED OR EMBRACED?

I have heard the arguments against and in favor of the probate process. First, let me state that the probate process provides the legal mechanism by which assets titled in the name of decedent are transferred to appropriate beneficiary. The probate process in subject to rules that may delay the final distribution of the assets of the estate, but are intended to protect all parties, including the estate’s creditors. As with many things in life, there are pros and cons to the probate process. If avoiding probate is a primary goal, there are different tools that can be used, such as a revocable trust, life estate deeds and joint ownership which can accomplish this goal.

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