Probate is one of the terms you might encounter while planning your estate. But what is it and what does this entail? Probate is the legal process that oversees the administration of a deceased person’s estate. It guarantees everything you leave behind will be handled fairly and in accordance with the law. Understanding probate is crucial for ensuring that your wishes are carried out and your estate is settled smoothly, whether you have a will or not.

How does a probate affect your estate?

A probate can be a lengthy process and can take anywhere between six months to more than a year to settle. This will depend on your estate’s complexity. Virginia inheritance laws consider all estates worth $50,000 or less without any real or personal property as small estates and can avoid probate proceedings. If your estate is larger, it needs to undergo administrative proceedings.

You should also be aware that a probate process becomes a public record. This means anyone can access information about your estate’s value and distribution. If you prefer privacy regarding your personal finances, this might be a concern for you.

Can I avoid probate?

The answer is yes, you can avoid the probate process altogether. Having a well-drafted will allows you to designate who will inherit your assets. People who plan their estate often set up living trusts or joint ownerships with rights of survivorship.

You can also consider setting up bank accounts with payable on death or transfer of death clauses and tilting assets in beneficiary designations. Knowing the importance and implications of probate empowers you to make informed decisions that take care of your loved ones at the time of your passing.