7 Reasons for Bypassing Probate

Probate can be a long, expensive, and emotionally draining process for families. While it serves a legal purpose—ensuring assets are properly distributed—it often creates more problems than it solves. Here are seven reasons for bypassing probate—one of the smartest moves you can make during estate planning.

1. Saving Time: Probate Can Drag on for Months (or Years)

One of the biggest drawbacks of probate is its timeline. Depending on the complexity of the estate, probate can take anywhere from several months to several years. Delays often arise from court backlogs, required legal notices, and disputes among beneficiaries. Bypassing probate makes a difficult time far easier, but it also has immediate, practical benefits—including giving beneficiaries money to cover burial costs.

Real-World Example: When singer Prince passed away in 2016 without a will or trust, his estate entered probate and a fight over his estate ensued. Six years later, his heirs were still battling in court. By contrast, a found document clarified Aretha Franklin’s wishes in the dispute over her estate.

2. Saving Money: Probate Costs Can Erode Your Estate

Probate isn’t just time-consuming—it’s expensive. Court fees, attorney fees, and executor fees can add up, often consuming 5-10% of an estate’s total value. That’s money that can go directly to loved ones.

Key Costs of Probate:

• Court filing fees
• Attorney expenses
• Executor compensation
• Appraisal costs
• Potential estate taxes

A properly set up trust transfers assets smoothly—bypassing probate altogether and eliminating many of these costs.

3. Keeping Estate Details Private

Probate is a public legal process. Once an estate enters probate, its details—including assets, debts, and beneficiaries—become part of public record. This can invite unwanted scrutiny, financial predators, and disputes among family members. 

A trust, however, keeps estate matters private, ensuring only designated beneficiaries and trustees know the details.

4. Reducing Emotional Anguish for Loved Ones

Losing a loved one is already painful. Adding a lengthy and complicated probate process only exacerbates stress for grieving families. Probate can also create unnecessary tension, especially if heirs disagree on asset distribution.

Hypothetical Scenario: Imagine two siblings grieving the loss of their mother. With a trust, her assets transfer smoothly per her wishes. Without a trust, the siblings disagree over asset distribution and go to probate court—hiring attorneys and delaying closure for years. 

Bypassing probate ensures that families can focus on healing rather than arguing in court.

5. Faster Access to Assets for Beneficiaries

Probate ties up assets for months or longer, meaning heirs may have to wait before accessing financial accounts, selling real estate, or even covering funeral expenses. In contrast, assets in a trust are immediately accessible to beneficiaries upon the grantor’s passing.

Hypothetical Example: A father leaves his business assets to his daughter in a trust. She takes over operations immediately, keeping the business afloat. Had the assets been subject to probate, the business might have suffered losses or even shut down before she could legally take over.

6. Avoiding Family Disputes and Challenges

Probate can create a battleground for disgruntled family members who feel entitled to a larger share of the estate. Trusts significantly reduce the likelihood of disputes because they clarify asset distribution in a legally binding way.

Hypothetical Example: A grandfather leaves a sizable inheritance to his grandchildren, excluding his estranged son. Because he set up a trust, the grandfather can legally leave the inheritance to his grandchildren and prevent the estranged son from challenging his wishes in probate court.

7. Providing for Minor Children or Special Needs Beneficiaries

Probate doesn’t automatically ensure proper asset management for minor children or individuals with special needs. A trust, however, allows for structured distributions over time, ensuring financial security for loved ones who may not be able to manage large sums of money on their own.

Hypothetical Example: A mother sets up a trust for her 10-year-old daughter, ensuring she receives distributions for education, living expenses, and major life events at specific ages. Had she relied on probate, a court-appointed guardian might have controlled the funds in a way that didn’t align with her wishes.

Bypassing Probate Is a Smart Move

There are very good reasons for bypassing probate—from practical reasons like saving time to emotional ones like sparing loved ones further hardship. The good news is that bypassing probate isn’t hard. You just need a trust.

While wills serve an important function, they don’t avoid probate. The most effective way to bypass probate entirely is by creating a revocable trust. This legal tool ensures a smooth, cost-effective, and private transfer of assets to beneficiaries.