Does a Will Avoid Probate? What You Need to Know
- Colin McMichen
- 3 minutes ago
- 3 min read
You want your family protected.
You want your wishes honored.
And you want to make things as easy as possible for the people you love.
Many people believe creating a will accomplishes all of that. But here is the truth: a will does not avoid probate.
Understanding this now can help you build an estate plan that truly protects your family, your assets, and your legacy.
The Problem: Probate Can Be Complicated and Slow. It is a Public Process.
Probate is the court-supervised legal process used to:
Validate a will
Appoint an executor (also called a personal representative)
Identify and value assets
Pay debts and taxes
Distribute property to beneficiaries
If you own assets in your individual name, without beneficiary designations, those assets will likely go through probate—even if you have a valid will.
Many families only learn this after a loved one passes away, when they are already overwhelmed and unsure what to do next.
The Misunderstanding: “If I Have a Will, My Family Avoids Probate”
This is one of the most common estate planning myths.
A will does not keep your estate out of probate. A will is a set of instructions for the probate court.
Your will tells the court:
Who should serve as executor
Who should inherit your assets
Who should serve as guardian for your minor children
But the court must still oversee the process.
In other words:
A will controls how probate assets are distributed—but it does not prevent probate.
This is why people searching for “how to avoid probate” often discover that a will alone is not enough.
What a Will Does Accomplish
Even though a will does not avoid probate, it remains an essential part of a solid estate plan.
A will allows you to:
Choose your executor
Name guardians for minor children
Direct who receives your probate assets
Reduce confusion and family conflict
Without a will, state law decides who inherits your property—regardless of your wishes.
The Consequences of Relying Only on a Will
When a will is the only planning tool in place:
Your estate may go through probate
Your assets may be tied up in probate court for a year, or longer
Court filings become public record
Your family may face unnecessary delays and expenses
For many families, these outcomes are exactly what they hoped to avoid.
The Solution: Probate Avoidance Planning
The good news is that there are proven ways to reduce or avoid probate through thoughtful estate planning.
Revocable Living Trust
A revocable living trust allows assets placed into the trust during your lifetime to pass to your chosen beneficiaries without probate.
Beneficiary Designations
Assets such as:
Retirement accounts
Life insurance policies
Certain bank and investment accounts
can pass directly to beneficiaries when properly designated.
Joint Ownership with Right of Survivorship
Assets, such as real property, that are jointly owned with right of survivorship can pass directly to the joint owner.
Proper Titling and Coordination
How assets are titled—and how beneficiary designations are coordinated with your will and trust—matters.
A Comprehensive Estate Plan
Most effective plans include:
Last Will and Testament
Revocable Living Trust (when appropriate)
Durable Power of Attorney
Advance Directive for Health Care
Together, these tools create a plan that works when you need it most.
What This Means for You
If your goal is to protect your family, minimize court involvement, and ensure your wishes are carried out smoothly, a will alone may not be enough.
A properly designed estate plan can:
Help your family avoid probate
Preserve privacy
Provide clarity
Give you peace of mind
Bottom Line: Does a Will Avoid Probate?
No. A will does not avoid probate.
But with the right planning, you can build a strategy that goes far beyond a simple will.
Your Next Step
At Provident Law / Estate Planning LLC, we guide individuals and families through the estate planning process with personalized solutions built around their needs, values, and goals. Whether you need a will, trust, or incapacity planning, we will help you create a plan that brings clarity, protection, and peace of mind.
Contact our office to schedule a consultation when you are ready to get started.
About the Author
Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama-based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families navigate complex legal matters with confidence.