When Tom passed away, his family discovered that his estate had to go through probate. What followed was a year of court hearings, legal fees, and endless disputes among his children over sentimental items. Tom had a will, but without additional planning, his family was left to navigate the probate process—and it nearly tore them apart.
Probate is the legal process of settling an estate after someone passes. While it ensures debts are paid and assets are distributed according to the will (or state law if there’s no will), it’s often time-consuming, expensive, and public. In Indiana, probate fees can reach 5% of the estate’s value, and the process can take months or even years.
On the other hand, avoiding probate altogether can save families not only money but also emotional strain. Tools like revocable living trusts allow assets to bypass probate. When assets are placed into the trust, they’re owned by the trust itself, not the individual. Upon death, the successor trustee can distribute assets directly to beneficiaries without court interference.
In contrast to Tom’s experience, let’s look at Sarah, who created a trust years before her passing. Her family avoided court, received their inheritances quickly, and cherished the family legacy without disputes. By planning to avoid probate, Sarah preserved her relationships even beyond the grave.
Avoiding probate doesn’t mean skirting legal obligations. It’s about using the right tools to streamline the process. With proper estate planning, families can focus on healing rather than fighting. Request a Consultation to find out how we can help you avoid probate and protect your family’s legacy.
