When a person dies, someone must step in to wind up the deceased person's affairs. Bills must be paid, property must be accounted for, and items must be passed on to the people chosen by the deceased person. If state law requires that all this be handled through probate court proceedings, the process can take many months, and sometimes years. Probate is a legal process that takes place after someone dies. It includes:

• proving in court that a deceased person's will is valid (usually a routine matter),
• identifying and inventorying the deceased person's property,
• having the property appraised,
• paying debts and taxes, and
• distributing the remaining property as the will directs.

In most circumstances, the executor named in the will is responsible for handling probate. Typically, probate involves paperwork and court appearances by lawyers. The lawyers and court fees are paid from estate property, which would otherwise go to the people who inherit the deceased person's property.

If, however, before death the deceased person took steps to avoid probate, the whole process will be quicker and easier. Probate rarely benefits your beneficiaries, and it always costs them money and time. Warren Steinborn Associates’ consultants can help you determine if avoiding probate is something you should plan.

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