Here’s something most people don’t realize until it’s too late: when you pass away, your family might not be able to access your bank accounts, sell your house, or even close out your credit cards without going through a lengthy court process called probate.
And that process? It can take months. Sometimes over a year. All while your loved ones wait, grieve, and deal with mounting bills.
The good news: probate is almost entirely avoidable. With the right planning, you can spare your family the hassle, expense, and emotional burden. Let me walk you through exactly what probate is, why it matters, and the specific steps you can take today to protect the people you love.
What Exactly Is Probate?
Probate is the legal process courts use to validate your will (if you have one) and oversee the distribution of your assets after you die. Think of it as the government’s way of making sure everything is handled “properly.”
Here’s what happens during probate:
- The court appoints someone (called an executor or personal representative) to manage your estate
- All your assets get inventoried and appraised
- Creditors get notified and have a chance to make claims against your estate
- Debts and taxes get paid from your estate’s funds
- Only after all that can your remaining assets go to your heirs
Sounds orderly, right? In theory, yes. In practice, it’s often a nightmare.
Why Probate Is Such a Problem
I’ve seen families go through probate, and the stories are remarkably similar: stress, frustration, and way more money spent than anyone expected.
It Takes Forever
In Utah and Arizona, probate typically takes 6 to 12 months at minimum. Complex estates or contested wills? You could be looking at 2+ years. During this time, your family can’t sell the house, fully access bank accounts, or wrap up your affairs.
I had a client whose father passed away unexpectedly. The family needed to sell the home to pay for mom’s assisted living costs. Because of probate delays, they couldn’t list the property for 14 months—all while assisted living bills piled up.
It’s Expensive
Court fees, attorney fees, executor fees, appraisal costs—they add up fast. Probate typically costs 3-7% of an estate’s total value. On a $500,000 estate, that’s $15,000 to $35,000 that could have gone to your family instead.
And here’s what most people don’t realize: those fees come out of your estate. Your family inherits less because of a process that was entirely preventable.
It’s Public
Everything that goes through probate becomes public record. Your assets, your debts, who inherits what—it’s all accessible to anyone who wants to look. For most families, this level of exposure feels invasive during an already difficult time.
It Creates Family Conflict
When a court oversees asset distribution, it opens the door for disputes. Siblings who haven’t spoken in years suddenly have opinions about grandma’s jewelry. Distant relatives come out of the woodwork. I’ve watched probate turn close families into adversaries—and it didn’t have to be that way.
5 Proven Ways to Avoid Probate
The best part about probate? You don’t have to deal with it. With proper planning, your assets can pass directly to your loved ones without court involvement. Here’s how:
1. Create a Revocable Living Trust
This is the gold standard for avoiding probate. A revocable living trust is a legal document that holds your assets while you’re alive and transfers them automatically when you pass away.
How it works: You create the trust, transfer your assets into it (home, bank accounts, investments), and name beneficiaries. You remain in complete control while alive—you can change it, revoke it, or spend everything in it. But when you die, assets in the trust bypass probate entirely and go directly to your beneficiaries.
Best for: Anyone who owns real estate, has significant assets, or wants to keep their affairs private. It’s particularly valuable if you own property in multiple states—without a trust, your family might face probate in each state.
2. Use Beneficiary Designations
Certain accounts let you name beneficiaries directly, bypassing probate automatically:
- Retirement accounts (401(k)s, IRAs)
- Life insurance policies
- Bank accounts (payable-on-death or POD)
- Investment accounts (transfer-on-death or TOD)
Critical tip: Review your beneficiary designations annually. I can’t tell you how many times I’ve seen an ex-spouse still listed as the beneficiary on a life insurance policy because someone forgot to update it after divorce. That ex-spouse gets the money—not your current family.
3. Hold Property Jointly
When you own property as “joint tenants with right of survivorship,” the surviving owner automatically gets the deceased owner’s share. No probate required.
This is common with married couples and their homes. When one spouse dies, the house passes directly to the surviving spouse without any court involvement.
Caution: Joint ownership can create complications. If you add a child to your home’s title, you could trigger gift taxes, expose the property to their creditors, or create issues if they divorce. Always consult an attorney before adding joint owners.
4. Use Transfer-on-Death Deeds (In Utah and Arizona)
Both Utah and Arizona allow transfer-on-death (TOD) deeds for real estate. You record a deed naming a beneficiary, but you keep full ownership and control during your lifetime. When you pass, the property transfers directly to that beneficiary without probate.
Advantages: Simple to set up, inexpensive, and you can change or revoke it anytime. It’s a good option for straightforward situations where you want one person to inherit a single property.
Limitations: If your situation is more complex—multiple properties, potential family disputes, or the need for conditions on inheritance—a trust is usually the better choice.
5. Give Assets Away During Your Lifetime
You can’t probate what you don’t own. Strategic gifting during your lifetime reduces your estate and can provide tax benefits too.
In 2024, you can give up to $18,000 per person per year without triggering gift tax reporting requirements. A married couple can give $36,000 per recipient annually. Over time, this can significantly reduce an estate.
Important: Don’t give away assets you might need. I’ve seen people gift property to children, then need expensive long-term care with no way to pay for it. Always maintain enough for your own security first.
What About Just Having a Will?
Here’s a common misconception: many people think having a will means avoiding probate. It doesn’t.
A will tells the probate court how you want your assets distributed. It doesn’t skip the court—it just gives the court instructions. Your family still has to go through the entire probate process; the will just makes it slightly more organized.
That said, a will is still essential. It names guardians for minor children, provides instructions for assets that don’t have beneficiary designations, and ensures your wishes are documented. But if probate avoidance is your goal, you need additional planning tools like trusts and beneficiary designations.
The Real Cost of Doing Nothing
I understand why people put off estate planning. It’s not fun to think about. There’s always something more pressing. But consider what happens when you don’t plan:
- Your family pays thousands in unnecessary probate costs
- They wait months (or years) to access what you left them
- Your private financial details become public record
- The stress of probate compounds their grief
- Potential family conflicts arise over asset distribution
Compare that to a few hours of planning now. The choice becomes clear.
Take the First Step Today
Avoiding probate isn’t complicated, but it does require action. Here’s what I recommend:
- Review what you own. Make a list of your assets—home, vehicles, bank accounts, investments, retirement accounts, life insurance.
- Check your beneficiary designations. Log into every account that allows beneficiaries and verify they’re current and correct.
- Consider a trust. If you own real estate or have assets over $100,000, a revocable living trust is usually worth the investment.
- Talk to an estate planning attorney. A professional can identify the best strategies for your specific situation and ensure everything is properly documented.
Your family will thank you. Not in words—they probably won’t even fully appreciate what you’ve done. But they’ll thank you by not having to spend a year in court, not having to pay thousands in fees, and not having to fight over your intentions.
That peace of mind? It’s priceless.
Ready to protect your family from probate? I help families in Utah, Arizona, and Texas create estate plans that work. Schedule a consultation and let’s make sure your loved ones are taken care of.
