What Is Probate & How You Can Avoid It

When a loved one passes away, the last thing most families want to deal with is the court system. Yet, that’s exactly what happens in probate. This legal process is meant to confirm the validity of a will (if one exists), pay off debts and taxes, and distribute assets to heirs. While probate serves an important function, it often adds stress to an already emotional time.

For some families, probate feels like an added burden. Whether it’s the sometimes long timeline, the unexpected costs, or the lack of privacy, many people find themselves wondering if planning to avoid probate is right for them.

Why Families Choose to Avoid Probate

Some families choose to avoid probate due to the cost.  A simple probate in Illinois ranges between $8,000 and $10,000 on average.  Costs increase considerably if difficulties arise during the probate process, such as disputes between family members.

Probate can be a slow process. Even simple cases must take at least six months, and more complicated estates—especially those with family disputes or unclear wills—can take years. Your loved ones may receive little, if any, personal access to their inheritance while the probate process is pending.

Probate is a public process. Details about your loved one’s assets, debts, and beneficiaries can become part of the public record. Unfortunately, this can also lead to conflict among family members. Disputes over the validity of a will, disagreements about asset distribution, or unresolved family dynamics often come to a head during this process. These conflicts can stretch out the timeline even further and strain relationships permanently.

How to Avoid Probate

Avoiding probate involves making thoughtful decisions to ease the burden on your loved ones. Here are some effective ways to keep your estate out of court:

• Living Trusts Simplify the Process - A living trust allows you to transfer ownership of your assets while you’re still alive. You remain in control of your property, but when you pass, the assets in the trust are distributed directly to your beneficiaries without probate. This approach saves time, money, and stress while keeping your estate private.

• Beneficiary Designations Matter - For accounts like retirement funds or life insurance policies, naming beneficiaries ensures those assets go directly to your chosen individuals. These designations bypass probate entirely, and they’re simple to set up or update.  Care and caution must be taken however when planning beneficiary designations to ensure that those beneficiary designations match your wishes if certain contingencies arise, such as a beneficiary passing away before your death.

• Transfer on Death Instruments (TODI) Can Be a Solution for Real Estate - For real estate, a Transfer on Death Instrument (TODI) allows you the opportunity to designate beneficiaries of your choosing to receive your real estate automatically at your death.  This tool can be used in conjunction with other planning strategies to avoid probate, without a trust.  However all of the beneficiaries will need to work cohesively to manage the real estate after your death, since the TODI entrusts management of your real estate to all beneficiaries collectively at your death, instead of to one appointed trustee.

Planning Ahead with McGrath Law Office, P.C. 

Planning ahead can ease the burden placed on your loved ones at your death. By utilizing tools like living trusts, TODIs, and updated beneficiary designations, you can help ensure a smoother, faster transition for your family—while saving them time, money, and stress.

If you’re feeling overwhelmed or unsure where to begin, that’s okay. These choices can feel daunting, but taking even small steps now can make a big difference later. For personalized guidance, contact McGrath Law Office, P.C. at our Mackinaw office (309-359-3461) or Morton office (309-266-6211). We’re here to help you take control of your future and protect what matters most.