After you pass away, your estate will most likely go through a process known as probate. This estate administration process can be time-consuming, very involved for the executor appointed to handle these matters, and costly. It can also be frustrating for your heirs. The good news is that you can usually avoid probate with some advance planning.Estate planning lawyer concept: One-story model house on a wood floor, depicting a buyer purchases a residential asset to live and invest for personal gain.

Far too many people lose money every single year for court fees and attorney costs associated with dealing with probate proceeding. Millions of dollars are spent annually and some of this money could have been saved if people had engaged in appropriate estate planning processes. Probate is the formal process for proving your will, determining your assets, paying off creditors and debtors claims and then distributing any remaining property to your heirs.

This usually happens in the probate court located in the county in which the loved one lived at the time they passed away. If no estate plan was present then state laws determine how that property is distributed. However, even when a person passes away with a will, courts must allow others who have a vested interest and proof of validity concerns to come forward to contest the will if applicable.

Ways to Avoid Probate

There are many different ways that you can avoid or simplify probate, including transferring property to a trust, making tax free gifts during your lifetime, creating payable on death registrations for certain accounts, reviewing beneficiary designations on life insurance and retirement planning accounts, and using joint ownership.

Contact a Boston Probate Lawyer

Which of these strategies you use will depend on your personal goals and it is strongly recommended that you work directly with a probate services attorney who is familiar with these issues and can help you address most of your common concerns. Do not hesitate to consult with a qualified attorney today.


Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

Tiffany A. O'Connell, JD, LLM, CELA, AEP

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

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