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Avoiding Probate and Protecting Your Family

- AlerStallings

Get Expert Help Navigating the Probate Process

Probate is the legal process for distributing assets, including paying outstanding debts or distributing assets to heirs. An estate is divided among creditors and heirs after someone passes away. The probate process can be lengthy, expensive, and frustrating for families, especially following the passing of a loved one. With the right planning and expert assistance, probate can be simplified or avoided altogether.


Not everyone’s estate requires probate; the two main types of estates that wind up in probate are those without legal planning documents, or an estate in which a person has created a will. All wills require probate. If you pass away with assets in your name and no planning, or if you pass away with assets in your name and only a will, your family will have to undergo the probate process.


Probate can often take a full year or more to complete. Every county assigns their own fee schedule, providing guidelines for what attorneys may charge to probate an estate; costs often range between 5-10% of the value of the estate. Without adequate planning beforehand, probate can be costly and time consuming for your family members.


The experts in estate planning, elder care, and probate law at AlerStallings can recommend ways for your family to navigate probate or avoid it altogether. By using trusts, beneficiary designations, deeds, and other tools, our team of trusted attorneys work to make sure your estate stays out of the probate court process. We do more than just draft documents; we’ll help you plan, recommend strategies, and find the right resources for your unique needs.


When you work with AlerStallings, you’ll also have the peace of mind of an annual meeting with one of our attorneys to review your plan, evaluate current assets, and provide other maintenance and support for your estate plan. If your assets have changed, if you’ve added to your assets, or even if you’ve just accrued another year of interest—these check-ups can help make sure your probate plan works for the long term. We’re dedicated to building a trusted relationship with you and your family, and answering any questions you may have along the way.


Planning for good financial health means making a plan for probate, too. Call the experts at AlerStallings today to learn more about how we can help with your estate planning needs.


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