A Will Does Not Avoid Probate!

Many clients indicate to us that their estate planning goals include avoiding probate. If that is your goal, you need to recognize that having a Will is not a probate avoidance mechanism. That is, having a will does not avoid probate. Rather, your Will is only effect if your estate goes through probate. Thus, if your estate planning goals include avoiding probate, you need to consider other alternatives such as a living trust.