Pitfalls of Probate
By Attorney Christian Schneider, J.D.
For many families throughout the Pacific Northwest, one of the primary goals of estate planning is avoiding probate. Probate is the court-supervised process used to administer a deceased person’s estate after death. While probate serves an important legal function, it can also create significant burdens for surviving loved ones during an already difficult time. Delays, court costs, public exposure, and administrative complications are among the most common reasons individuals choose to incorporate revocable living trusts into their estate plans.
A properly drafted and funded living trust can help families avoid many of probate’s most frustrating pitfalls while providing greater efficiency, privacy, and continuity in the administration of assets.
What Is Probate?
Probate begins when a person dies owning assets solely in their individual name. The court appoints a personal representative (also known as an executor) to gather and manage assets, notify heirs and creditors, pay debts and taxes, and ultimately distribute property to beneficiaries. Depending on the complexity of the estate, probate can take months or even years to complete.
Although every estate is different, many families are surprised to learn how formal and time-consuming the probate process can become.
The Top Five Pitfalls of Probate
1. Probate Can Take a Long Time
One of the biggest frustrations with probate is delay. In many Pacific Northwest estates, the process commonly lasts six to ten months at a minimum because of mandatory creditor claim periods and court procedures. More complicated estates involving real estate, business interests, disputes among heirs, or out-of-state property can remain open much longer.
During this time, beneficiaries may have limited access to inherited assets, and families are often left waiting for final distributions while court requirements are completed.
2. Probate Is Expensive
Probate often involves a variety of costs that reduce the overall value of the estate. Court filing fees, attorney fees, accounting expenses, publication fees, and compensation for the personal representative can quickly add up.
Even relatively modest estates may incur substantial administrative expenses. By comparison, proactive trust planning may reduce many of these costs and streamline the transfer of assets after death.
3. Probate Is Public
Many people are uncomfortable learning that probate proceedings are generally public record. This means information regarding the deceased person’s assets, debts, beneficiaries, and estate administration may be accessible to the public.
For families who value privacy, this public exposure is a significant drawback. Trust administration, by contrast, is typically handled privately outside of court, allowing financial matters and family distributions to remain confidential.
4. Probate Can Cause Additional Complications
Probate becomes even more complicated when a person owns real estate in multiple states. In those situations, the estate may require ancillary probate proceedings in another jurisdiction, creating additional delay and expense.
Likewise, disagreements among beneficiaries or unclear wills can lead to court disputes and prolonged administration. Families are often left navigating legal and financial complexities during an emotionally difficult time.
5. Probate Offers Limited Flexibility During Incapacity
Probate itself only occurs after death, but many people overlook the importance of incapacity planning. If an individual becomes unable to manage finances due to illness or injury and lacks proper planning documents, loved ones may need to seek a court-supervised conservatorship or guardianship.
This process can be costly, time-consuming, and stressful. A properly funded living trust allows a successor trustee to step in and manage trust assets immediately if incapacity occurs, avoiding unnecessary court involvement.
How Trusts Help Families Avoid Probate
A revocable living trust is one of the most effective tools for avoiding probate. During your lifetime, you transfer selected assets into the trust while maintaining complete control over them as trustee. You may amend or revoke the trust at any time while you have capacity.
Upon death or incapacity, a successor trustee takes over management of the trust assets according to your instructions. Because the trust owns the assets, those assets generally avoid probate altogether.
The successor trustee can gather and protect assets, pay debts and taxes, and distribute property directly to beneficiaries without prolonged court supervision. This process is often faster, more efficient, and far more private than probate administration.
We Can Help
While planning ahead can help many families avoid probate, not everyone has that opportunity. If you are currently navigating the probate process after the loss of a loved one, experienced legal guidance can make the process more manageable.
Whether you’re creating an estate plan for the future or administering an estate today, the attorneys at Myatt & Bell are here to help.
Autumn Burnes
Legal Assistant
What are you currently reading?: Balancing between Project Hail Mary (audiobook), The Odyssey (Kindle), and The Poppy War (paperback). I use every format of reading so I can read on the way to work, while waiting for dinner when I go out to eat, on my lunch break, etc.
What is your favorite food?: S’mores. Yes, s’mores are food!
What do you enjoy doing in your spare time?: Create and interpret my friends’ birth charts. Also pull tarot cards/oracle cards and do readings for them.
Meet Autumn
Estate Planning & Peace of Mind
Have you found yourself making excuses for why not to get your estate in order? Maybe you’re convinced that you really don’t need estate planning. If you have assets and loved ones, you need an estate plan. Having an estate plan that is right for you ensures your loved ones are taken care of and that the transition is as easy as possible.
Attend one of our complimentary estate planning webinars and see for yourself. Having your estate plan prepared and understanding the why’s behind the importance of estate planning can bring you the peace of mind you have been needing.
From Our Clients
“We had not thought we needed a trust, but Myatt & Bell was recommended by our financial advisor and after our first visit, we began to see the advantages – and the peace of mind – that would come with the expenditure. In the business of estate law for many years, their processes are streamlined and efficient, and everyone we dealt with was wonderful to us. Our lawyer had a good sense of humor and was patient to answer our many questions. The binder we received at completion of the process contains way more helpful information than we expected, for our family & successor trustee. Highly recommend!” – Danielle T.
“I’ve been thoroughly pleased with M&B. Leigh (attorney) and all of the other staff members that I have worked with have been both warm and professional. In all interactions I have been listened to and responded to very completely. Questions and concerns have been anticipated and proactive steps have been taken, where possible, to address them. I highly recommend M&B and I look forward to continuing to work with them.” – Jeff R.
Families choose Myatt & Bell to design their estate plans with honest optimism and meticulous attention to detail.
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