Probate can be confusing, especially for loved ones dealing with estate matters after a death. The same questions get asked often and the answers might help you better understand this legal process that almost always follows a death.

What is Probate? 

Probate was created so that the belongings and debts of the deceased can be dealt with in a fair manner. It's governed by laws that vary slightly from state to state. Wills are the document used by the probate court to decide on matters after a death.  However, probate can occur even when there is no will.

Can Probate Be Avoided?

When you hear the term "avoiding probate", it means that other estate solutions are used to reduce or eliminate probate's grasp. Some of those solutions include special designations on accounts, changes to deeds, and trusts.

What Is the Probate Process?

If a will is located and judged valid by the probate court, the personal representative or executor is appointed to oversee the probate process. Common tasks to be accomplished during probate include:

• Paying some bills of the estate (but not all of them).
• Performing an inventory of the estate and arranging for professional appraisals of real estate.
• Overseeing the security of the estate.
• Providing the beneficiaries with their inheritances.

Should there be no will, the process works similarly but may take longer. Each state uses its laws of succession to pass along the estate when there is no will. That usually means the estate is divided between a current spouse and the adult children of the deceased.

Do All Deaths Call for Probate?

If actions have been taken to move all property to a trust or other estate methods, you may be able to avoid probate entirely. Speak to a probate lawyer to ensure that you are following the laws of your state.

For example, if the estate contains a home, a vehicle, and a saving account, all those things can be dealt with using a deed, a title, a payable-on-death designation, and/or a trust. Living trusts are another popular way to avoid having to go through the probate process. This type of trust becomes valid upon the owner's death and all property passes automatically to a named person or persons.  Be sure, however, that the trust is not being used to keep real estate or other property away from a legal, current spouse of the deceased as they have protections in place in most states.

Speak to a lawyer to learn more about probate assistance.