If There Was a Will, Is Probate Still Necessary?

Probate is the process where the financial aspects of a decedent’s estate are handled. It is often complicated, and many people wonder if there is a way to avoid it. In some cases, you may not have to go to probate court. Having a revocable living trust can protect you from probate, as the assets and property in the trust will be automatically distributed to named beneficiaries. If there is no will, probate will likely be required to determine the division of property and assets among creditors and heirs. However, if you have a will, does this preclude you from going through probate?

The bottom line is that, even with a will, you may still have to go to probate court.

This is common if you need to establish the validity of a will, or if the will is contested. Furthermore, if debts need to be settled with creditors, or the title of certain real estate or personal property accounts need to be transferred that don’t already have a right of survivorship, you will still need to file probate.

How Can You Avoid Probate?

As stated above, assets in a revocable living trust will not need to go through probate, because they will be directly transferred to named beneficiaries. Furthermore, the proceeds of a life insurance policy will not need to go through probate if there are clear beneficiaries listed, and the same applies to retirement accounts and other financial assets. By naming beneficiaries and not having all assets and property dependent on a will, you can avoid the probate process and settle the estate in a quick and relatively simple manner.

Call Our Bristol County Probate Law Attorneys Today at (508) 206-9900

At Percy Law Group, PC, we have guided numerous clients through the Massachusetts probate process. Whether your estate is fairly straightforward, or there are complicated issues involved, we can answer your questions and help you pursue a favorable outcome. Our probate lawyers have more than 20 years of legal experience and will work hard for your case.

Contact us today for a free consultation.