Probate FAQs

Q) Can I avoid probate?

A) Yes. If you do not have assets in your name or are proactive and plan while you still have capacity, you and your loved ones can avoid probate court.

Q) Are there costs associated with probate?

A) Yes there are monetary and time costs.

Q) If I make a will does my estate avoid probate?

A) No. A will is administered by the probate court.

Q) If I do not estate plan, will the probate court be involved with my estate?

A) Yes, if you do not plan the probate court will be involved with few exceptions.

Q) Are probate court records public?

A) With some exceptions, yes.

Q) Does my property receive a stepped up basis if it passes through the probate court?

A) Yes.

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