When someone passes away, their estate may have to go through Virginia probate court. It can be a complex process for grieving families.
Dealing with probate can come with many challenges that may make a time of mourning even more difficult. Because of this, you may want to avoid probate court altogether.
The hassles of probate court
The probate process typically involves filing the will with the court, valuing the estate, paying debts and taxes, and distributing assets to beneficiaries. Here are some disadvantages of having to deal with it:
- Probate can be expensive; court fees, attorney costs and executor fees could add up quickly
- The process can take several months up to a year to complete
- Probate proceedings are public, meaning anyone can access information about the deceased’s assets
- Family disputes may arise during probate, causing emotional stress and potential legal battles
These factors can be stressful to deal with. This may compound with the feelings of grief after losing a loved one, making it difficult to navigate the legal process.
You can avoid probate court
It is possible to avoid probate court through a trust. This can be a powerful estate planning tool with many uses.
A trust creator could customize the terms of the document to modify how and when it distributes assets to beneficiaries. Furthermore, trust proceedings are generally more private as they do not go through probate.
Ultimately, every family’s situation is unique so it may be a good idea to seek legal guidance to assist with your specific needs. Constructing an estate plan that can help bypass probate court may save your family significant stress and financial resources.
