We got a comment on one of our recent videos: "Probate's not a big deal. We filed right away and it was done in a year."
It's a fair point. While avoiding probate is generally sound advice, it isn't automatically the right goal in every situation. And in some states, under some circumstances, probate might not be as complicated as the internet tends to make it out to be.
To be clear, the instinct to avoid probate is often a good one. For a lot of families, planning around it can save time, money, stress, and a loss of privacy, and if you had a hard experience with it, that frustration is valid. "Avoid it at all costs" is just a little too absolute.
While it's commonly worth planning around, there are situations where court oversight can help a family more than avoiding it would. Whether it's something to plan around generally depends on your state and your family's situation.
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This is for general educational purposes only and does not constitute legal advice. Estate planning laws vary by state. Mitzi is not a law firm. Please consult a licensed attorney for guidance specific to your situation.
What probate actually is
Probate is the court-supervised process of settling someone's estate after they die. It generally involves proving the Will, paying outstanding debts, and distributing what remains to the people named in the Will, or under state law if there isn't one. It generally covers assets in someone's name alone that don't have a beneficiary or joint owner.
The process plays out under the oversight of a court, with a paper trail and official deadlines.
People are typically advised to avoid it because it can be slow, public, and in some states, expensive. Those concerns are real. But court supervision is not always a disadvantage.
A few specific situations where probate can actually help
These are the exceptions, not the rule. But they're worth knowing, because they're the cases where rushing to avoid probate can backfire.
When family members don't fully trust each other. Probate generally adds a documented process to settling the estate. In many states the executor (the person in charge of settling the estate) is required to report what's in the estate and where the money goes, which makes it harder for money to move without everyone knowing. In families where there's tension, or where one sibling has more access to accounts than the others, that paper trail can help everyone, including the people who might otherwise be left out.
When real property needs to change hands. If a home is in your parent's name alone, selling it after they die generally requires someone with clear legal authority to sign. Probate is commonly used to establish that authority, creating an official court record of who can act for the estate. In many cases this can help the sale go through without title problems.
When someone might challenge the Will. If a family member might contest the Will, probate typically sets deadlines for that challenge, and for creditors to make claims against the estate. Once those deadlines pass, those claims are generally cut off, which can give your family more certainty.
None of that means avoiding probate is wrong. For many families, especially with straightforward wishes and assets that can pass directly to the people they love, planning around probate can still be the simpler path. The point is to make that choice knowing what each path involves.
It depends heavily on where you live
In some states, probate involves complex procedures and meaningful costs. In others, the process is relatively streamlined and manageable, particularly for smaller or simpler estates. In Michigan, for example, smaller estates may qualify for simplified procedures that make the process more manageable than the general reputation suggests.
The commenter who said it was done in a year isn't wrong, and their experience reflects how variable this can be depending on the state and how the estate was set up ahead of time.
The real takeaway
Avoiding probate isn't automatically the goal. It's worth knowing what it can do for your family before you plan around it.
Keeping an estate plan current as life changes, knowing which assets are covered by beneficiary designations and which would go through probate, and having a conversation with your family about what is in place, those steps tend to matter more than any blanket rule about avoiding the process.
What's next?
For more on how estate plans are structured and what different documents cover, see The Three Essential Estate Planning Documents and Estate Planning 101.
If you live in Michigan, Mitzi can guide you through putting your foundational documents in place today, at your own pace, without a law firm appointment. Get started in the Mitzi app.
Not in Michigan? Take our Prepare to Plan Quiz for a free personalized checklist. It also adds you to the waitlist so we can let you know when Mitzi comes to your state.
Frequently Asked Questions
What is probate? Probate is the court-supervised process of settling a person's estate after they die. It generally involves validating the Will, paying outstanding debts, and distributing remaining assets to the appropriate people. The process and its requirements vary significantly by state.
Why do people try to avoid probate? Probate can be time-consuming, and in some states it involves meaningful costs and public disclosure of the estate's contents. Assets that go through probate are generally not accessible to beneficiaries until the process is concluded, which can take months or longer depending on the complexity of the estate and the state where it takes place.
Is probate always bad? Not necessarily. Court supervision can be a benefit in certain situations, including when there is family conflict, when real property needs to transfer with clear legal authority, or when a Will dispute is likely. In some states, probate is also relatively streamlined for simpler estates. Whether it is something to plan around generally depends on the specifics of your situation and where you live.
Can you avoid probate entirely? Some assets pass outside of probate by design, including accounts with beneficiary designations, jointly held property with right of survivorship, and assets held in a trust. For more on how beneficiary designations work and which assets they cover, see Your Beneficiary Designations Probably Override Your Will. Whether avoiding probate entirely makes sense depends on the size and structure of the estate, the state, and the family situation.
What assets typically go through probate? Assets that are solely in a person's name without a beneficiary designation or joint owner generally go through probate. This can include individually held bank accounts, real property held in one person's name, and personal property. Assets with named beneficiaries, such as life insurance policies and retirement accounts, typically pass outside of probate directly to the named person.
How long does probate take? The timeline varies considerably by state and by the complexity of the estate. Some states have streamlined procedures for smaller or simpler estates that can move relatively quickly. More complex estates, or those involving disputes, can take significantly longer. Understanding what probate looks like in your state is worth doing as part of broader estate planning.
This is for general educational purposes only and does not constitute legal advice. Estate planning laws vary by state. Mitzi is not a law firm. Please consult a licensed attorney for guidance specific to your situation.
