QUESTION

With an estate valued at less than $500,000, is a will sufficent to avoid probate?

Asked on Jun 17th, 2013 on Estate Planning - Utah
More details to this question:
Are their any advantages to having a trust rather than a will even if the value of the estate is small?
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1 ANSWER

Robert Barnhill III
With a small estate, having a will and a power of attorney should be sufficient to manage your property.  Having a will does not avoid probate.  Probate is a process by which a judge validates the will as legitimate, the deceased's creditors are paid, and the net assets are distributed to the people named in the will.  If you want to avoid probate, then you must establish a  revocable trust and transfer your assets into the trust before you pass away.  The cost of establishing a revocable trust and properly funding the trust will generally be more expensive than having a will drafted.  I do not practice in Utah, so I'm not aware of the court fees charged in probate, however, many states have streamlined probate processes if a person has a properly drafted will.
Answered on Jun 18th, 2013 at 3:40 PM

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