Many families want to avoid probate because the process can be slow and expensive. Probate is the legal process through which a court validates a will and oversees the distribution of the deceased’s assets. In Pennsylvania, this process can take months or even years, and it can reduce the value of the estate through court costs, legal fees, and executor fees.
At Jones, Gregg, Creehan & Gerace, we help clients across Pittsburgh and throughout Pennsylvania use proven strategies to minimize or avoid probate. Whether your estate is large or small, we will guide you through your options so that your loved ones receive what you intend quickly and with less stress.
Why Do People Want to Avoid Probate?
Probate can create financial and emotional challenges for your family. Some of the most common concerns include:
- Length of the process: Probate often lasts nine months to two years, depending on the estate’s complexity and whether disputes arise.
- Added expenses: Court costs, executor commissions, and attorney’s fees can reduce the value of the estate.
- Delayed access to assets: Beneficiaries may wait to pay funeral bills, tuition, or household expenses.
- Loss of privacy: Probate filings are public, which means anyone can view details of the estate.
Avoiding probate allows your assets to transfer more quickly, privately, and with fewer expenses.
Will Every Estate Go Through Probate in Pennsylvania?
Not always. Pennsylvania law generally requires probate if the estate is worth more than $50,000. That value includes real estate, bank accounts, investments, and personal property.
However, some assets can pass directly to beneficiaries without going through probate, such as:
- Jointly owned property with rights of survivorship
- Accounts with designated beneficiaries, such as retirement plans or life insurance policies
- Certain small estates, which may qualify for simplified procedures
Because the rules are specific, meeting with an attorney can help you determine whether your estate will require probate.
What Are the Benefits of Avoiding Probate?
Planning to avoid probate can give your family:
- Faster distribution of assets so beneficiaries don’t wait for court approval.
- Reduced stress by removing court involvement and administrative duties.
- Control and flexibility in how and when assets are distributed.
- Greater privacy since assets that bypass probate are not part of the public record.
How Can I Avoid Probate?
There are several estate planning tools that allow you to keep assets out of probate. Some of the most common include:
1. Creating a Living Trust
- Transfer assets into a revocable living trust during your lifetime.
- Name yourself (and possibly your spouse) as trustee to maintain control.
- Designate a successor trustee to manage the trust after your passing.
- Benefits: avoids probate, allows for privacy, and gives you control over when and how beneficiaries receive their inheritance.
2. Joint Ownership of Property
- Own real estate or other assets jointly with rights of survivorship.
- When one owner passes away, the survivor automatically becomes the full owner.
- Important to discuss with an attorney, as joint ownership can have tax and liability implications.
3. Beneficiary Designations
- Add payable-on-death (POD) or transfer-on-death (TOD) designations to bank accounts and securities.
- Name beneficiaries directly on retirement accounts, life insurance, and annuities.
- Upon your passing, these assets transfer immediately to the designated beneficiaries.
Each option comes with advantages and drawbacks, so professional guidance is recommended.
Does Avoiding Probate Help My Loved Ones?
Yes. Avoiding probate can relieve your family of extra responsibilities at a difficult time. Without careful planning, your executor or administrator may need to:
- Manage property for months or years before distribution.
- File detailed inventories and accountings with the court.
- Handle disputes among heirs, creditors, or business partners.
By planning ahead, you reduce the burden on your family and give them clarity on your wishes.
Why Work With an Attorney Instead of DIY Solutions?
Online wills and trusts may appear simple, but they often fail to account for Pennsylvania’s specific laws. Mistakes can lead to unnecessary probate, increased taxes, or disputes.
Working with Jones, Gregg, Creehan & Gerace gives you the benefit of:
- Local knowledge of Pennsylvania probate and estate planning laws
- Customized solutions that fit your family’s needs and financial goals
- A team approach to protect your assets and your loved ones
Talk to a Pittsburgh Estate Planning Attorney
If you want to protect your family from the delays and costs of probate, we’re here to help. At Jones, Gregg, Creehan & Gerace, our estate planning attorneys will review your options and design a plan that fits your goals.
Contact us today to schedule a consultation and discover how we can help you avoid probate while protecting your family’s future and financial stability.