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Probate Court: What It Is and How to Avoid It

Probate is the legal process in which a decedent’s will is reviewed and determined to be valid or authentic. When a person passes away, their estate must pass through probate, whether not they had a will at the time of their death. Having a properly crafted estate plan can make the probate process easier for loved ones after your death.

Learn how to help your relatives avoid a lengthy and frustrating probate process with a properly-executed estate plan.

What is an Estate Plan?

Every person has an estate. A person’s estate includes their checking and savings account, their home, their car, and any other financial assets they possessed at the time of their death. As such, every person’s estate must pass through probate to determine how these assets will be distributed.

Estate planning is an essential area of law that deals with an individual’s need to protect their assets, ensure their legacies, and create financial security for their beneficiaries. A well-executed estate plan includes everything from an ironclad and personalized will to a living trust that protects assets to a plan for end-of-life care.

How an Estate Plan Can Mitigate Probate

When people do not create an estate plan before they pass away, their loved ones and potential beneficiaries are often forced to go through probate. During this process, the decedent’s assets are gathered, documented, and distributed to creditors and beneficiaries. Many people seek to mitigate probate, as it can present a considerable expense and source of stress for surviving family members.

At Upkins Law, PLLC, our Nashville estate planning attorneys can provide the skilled representation you need in developing an estate plan that will help your loved ones avoid probate. Our singular focus is to identify your needs and help develop a strategic approach to handling your estate.

We encourage you to contact us today at (615) 235-1991 to learn how we can help you.