Probate is Not Always so Difficult

Probate is Not Always so Difficult

You may have heard from many individuals, television ads, as well as your personal attorney that the probate process is something to be avoided at all costs. They may have heard that the potential exorbitant cost of hiring a probate lawyer, numerous delays, multiple probate hearings, and lots of aggravation are more than most people can bear.

Although probate and probate hearings involving large estates are normally something to be avoided through appropriate trusts, the fact is that probate is usually not as difficult or inconvenient as it can be in many other states if it done properly by an experienced probate lawyer.

Don’t put off preparing a will just because you fear the probate process and all it entails.

Most Utah attorneys will recommend a will versus a revocable trust for smaller estates to simplify the process and avoid the imposition of higher attorney fees that are not as necessary or vital for the effective distribution of a modest estate. There are some good reasons for this advice, including:

  • Probate can be easy when done properly.
  • Many assets are never transferred into a trust that may have been created so these assets must go through probate regardless.
  • The costs and legal fees to prepare a revocable trust, a pour-over will, the deeds to transfer real estate to the trust, and other required documents are much higher than the creation of a traditional will.

It is better for a client with a smaller estate to have a simple will than nothing at all because of the cost or complications involved with other more complicated estate plans. The fact is, if there are no disputes or disagreements between the beneficiaries of an estate, often there is no need for a probate hearing before a judge.

The Law firm of Spencer & Jensen has knowledgeable probate attorneys who will help guide you to determine the appropriate estate plan for your personal needs. Don’t put off your estate planning any longer so that your heirs will not have to deal with more court intervention than necessary.

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