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Does My Will Help My Estate Avoid Probate?

Does my will help my family avoid probate?

Although many people believe that creating a will helps them to avoid a probate, this is absolutely false. A will does not avoid a probate at all.

Then what does a Will do?

A will does allow you to select a personal representative (Arizona’s legal term for executor), appoint the legal guardian for your minor children after you and your spouse are both gone, and set forth your wishes for the distribution of your estate when you pass away.  However, a will does not avoid a probate.  Thus, with some exceptions, if you have assets that are worth more than $75,000 titled in your name ($100,000 for the net equity in any real estate), then your estate will have to go through some sort of probate process when you die even if you have executed a will. If your assets do not exceed these limits, then, depending on your circumstances, you may be able to use a small estate affidavit to transfer these assets to your family.  I have previously discussed small estate affidavits in another blog.

How DO I avoid probate?

You may ask – “Then how can I avoid a probate?”  Although there are different ways to avoid a probate, in general the best way to avoid a probate is to create a revocable living trust.  However, trusts are not for everyone, and it all depends on your individual circumstances.  Although there are some additional costs to setting up a trust and funding it ahead of time, a trust will allow you to pass on all of the assets titled in the trust to the beneficiaries of your choice without ever needing to go through any probate process.  This can save your estate lots of money in administrative costs and lots of time.  In addition, the administration of a trust is private and generally does not require any court filings or court hearings.  Finally, a revocable living trust may also save you estate taxes (for larger estates), will work well if you or your spouse are ever incapacitated, and will provide you with lots of flexibility in distributing your assets to your beneficiaries.

Call me today – 602.277.7000

John EvenOur firm has helped hundreds of families just like yours handle a wide variety of estate planning, probate, and trust administration issues.  In particular, we have the experience in handling all different kinds of estate planning, probate, trust administration, guardianship, and conservatorship matters.  When families are not getting along, we can also help you to handle any disputes and litigation related to these types of matters as well.  Please give me a call, so that I can help you work through these difficult issues with confidence.

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    • "One of the best decisions I ever made was selecting John Even to oversee settlement of my mom’s estate/trust. His wisdom and insight on reaching a positive outcome for each family member was priceless. Without his patient encouragement over three years, I would have settled for a bad compromise early on. Each meeting was concise and educational. John only proposed a meeting when necessary, saving our estate thousands of dollars. "  -Bradley December 03, 2024

    • "It was a pleasure to work with Attorney John B. Even and his excellent legal assistant, Emily, and paralegal, Jacqueline. This competent team seamlessly worked to develop our Will and Family Trust. Mr. Even patiently explained each document to us. John is a knowledgeable and compassionate attorney with a deep understanding of the law and a great ability to clearly explain complex legal issues. "  -Rita November 22, 2024

    • "I enjoyed working with him and his team - everybody was delightful, and they made the process very easy. John is warm and friendly, impressively knowledgeable and explained all the details in simple terms for me to understand. I now have peace of mind about how my assets will be distributed and wishes will be carried out and know that my loved ones won't be burdened by debate, hassle, or financial hardship if I ever end up incapacitated."  -Mirelle April 18, 2024

    • "We have known John Even for many years. So, I will say that he was our first choice. I get many advertisements in the mail for trusts and estate planning and at various prices. I called a few of them. We stayed with John for several reasons. He had a flat fee with us. So there was NO chance of getting billed extra hours for this and that. Which is often the cast once you sign on the dotted line. John was very explanatory about the process of setting up a trust, He looked at all our information. our children, accounts, and many things I had never considered. This was what I needed to get clear on the whole process. "  -Thomas January 28, 2024

    • "Attorney Even and his staff are professional, personable, responsive, and clearly expert in the estate planning world. The time spent gathering our information allowed Mr. Even to produce thoughtful, custom documentation that will serve us well. The print and electronic versions of our records that were provided will make maintaining them, and sharing them as appropriate, very easy...a real plus."  -Larrh January 24, 2024

    • "Our Estate Planning journey with John B. Even and his team was a “5 Star” experience! John’s character, values, and knowledge was evident throughout the entire process. John and his team listened carefully to our wishes, and yet, asked great questions to help us collaborate on exactly the right Estate Plan. We would highly recommend John and his team!"  -Rob & Terri September 25, 2023

    • "Once I made my initial call to Mr. Even‘s office I never looked back – great decision! His staff is courteous, caring and efficient. Mr. Even is professional, highly knowledgeable, good listener and adviser. I highly recommend Mr. Even. It is a privilege to have him on my team!"  -Trusts & Estates May 14, 2018

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    • "He was willing to spend time explaining things."  -Estate Planning February 24, 2018

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      1221 East Osborn Road
      Suite 105
      Phoenix, Arizona 85014
      Phone: 602-277-7000
      Fax: 602-277-8663
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