Probate Records: How to Avoid the Hassles of Probate

The main job of a probate court is to prove  a Will's authenticity under probate laws. If this is easily proven, hassles are avoided and the process will cost much less than when the Will is disputed.

Probate records are found in a probate court's files and have to do with the Last Will and Testament of a person who's died. The Will states how the deceased person's estate is to be distributed.

If a person dies without a Will, the estate probate is referred to as “intestate” (as opposed to “testate” if the person dies with a Will). When this happens, inheritance laws will be followed in distributing assets, properties, and belongings to survivors or beneficiaries.

Probate Records: When Probate Is Needed

Is going through probate necessary? No. But it could very well be the best option in some cases and avoiding probate could be MORE of a hassle. If the deceased left debts or tax claims, for instance, then it could be better to go through probate.

Choosing to go through probate is also more practical if the estate is full of issues that are too much for the family to handle. If you go through probate, you'll be able to pay someone to deal with tax authorities, creditors, etc.

Probate Records: When Probate Is Not Needed

Avoiding probate and all its hassles (e.g., court time, costs, etc.) are easy under the following circumstances.

1. If the deceased has not left any property, probate is generally not needed.

But sometimes, the heirs find it better to still open probate if debts have to be paid or if a deadline needs to be set for the filing of claims by creditors.

2. If the deceased has only left Retirement or Life Insurance benefits.

Such benefits are directly paid to the beneficiary named on record, thus avoiding probate. So the money from 401(k)s, IRAs, etc., automatically pass to the beneficiaries who are named in the accounts.

3. If the deceased has a POD Bank Account or Totten Trust.

Pay on death bank accounts pass directly to a beneficiary without the need for probate. The same is true with Totten Trusts (in trust for).

4. If the deceased owns a Joint Tenancy With Survivorship rights.

The property automatically becomes the property of any survivors once one of the owners dies, thus avoiding probate.

5. If the deceased set up a Living Trust.

This is one of the most popular ways that people use for avoiding probate. A Living Trust allows a person to transfer ownership of real property to a trust. This trust remains under the person's control and he can change it any time he wishes (that is, unless he sets it up as irrevocable).

When the person dies, the beneficiaries named under the Living Trust become automatic owners. Living Trusts are great for avoiding some of the estate taxes that are ordered by probate laws.

What's more, Living Trusts are effective for maintaining family privacy as the probate process is a public one. Probate records are public records.

RecordsSiteReview’s Court Records page holds everything you need to know about acquiring probate court records and how they are to be used.