Probate is the legal process of validating your will, paying your debts, and distributing your assets. Even with a perfectly drafted will, the court must oversee this process for any property titled solely in your name. This means that your family may still face months — or even years — of delays, along with court costs, attorney’s fees, and a complete lack of privacy. The contents of your will become public record, which means anyone can see who gets what.

Ok, Then Why Have a Will?

So why bother with a will at all? Because while it can’t help you avoid probate, it still plays a critical role in your estate plan. A will allows you to name guardians for your minor children, appoint an executor to handle your estate, and provide instructions for personal matters that aren’t addressed through other legal tools. When paired with a revocable living trust or other probate-avoidance strategies, a will acts as a safety net, catching any assets that didn’t make it into your trust. This is often called a “pour-over will.”

Beyond the Will

If your goal is to keep your estate out of probate, you’ll need to go beyond a will. This means retitling assets into a living trust, using transfer-on-death (TOD) or payable-on-death (POD) designations for accounts, naming beneficiaries on life insurance and retirement plans, and using joint ownership where appropriate. These steps ensure that your property transfers automatically to your chosen heirs without court involvement.

A Will is a Great First Step

The bottom line is simple: a will is an important part of your estate plan, but it’s only one piece of the puzzle. Without additional measures in place, your loved ones may still face the very probate process you were trying to avoid. By understanding the limits of a will — and implementing a complete probate-avoidance strategy — you can protect your family from unnecessary delays, costs, and stress.