Probate Avoidance

Probate Avoidance

Let Our Carrollton Probate Attorneys Help

Probate usually happens after a person dies. The court, or a named executor, files papers to prove the validity of the decedent’s will. It also involves:

  • Identifying and inventorying property
  • Appraising property
  • Paying debts/taxes
  • Distributing inheritance

This process can take anywhere from a few months to a year. It is also long and costly, which is why many people decide to avoid it as much as possible. If you want to save time for your loved ones after your death, you can pursue some of the following options.

Set Up a Living Trust

A trust differs from a will in that all property you place in the trust is not part of your probate estate. Upon your death, the assets in the living trust, while taxed federally, can go to family and friends without probate. Your appointed trustee will distribute the assets to your loved ones according to your instructions, allowing them to receive it more quickly and without legal fees draining their inheritance.

Joint Ownership

A lawyer can help you with the paperwork that allows your property to have joint ownership. This prevents your assets from going into probate by giving the joint owner control of the property.

Payable-on-Death Bank Accounts

Bank and retirement accounts can be changed to payable-on-death accounts by filling out a form. On the form, you list a beneficiary who will receive the funds after your death. The funds will not need to go through probate if they are passed to your loved one through these means.

We Offer Preventative Solutions

Call out experienced Carrollton probate attorneys today. We can discuss these and several others options that would allow your loved ones to avoid having to go through probate. Our preventative solutions will save your friends and family the hassle of dealing with lengthy court proceedings. Contact us at (214) 643-8757 or fill out our online form with your case details.


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Speak with our experienced professionals to learn more about your options. Fill out the form below or call us at (214) 643-8757 to get started!

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Caring Service for the People of Carrollton, TX

At Auten & Willingham, P.C., we have handled hundreds of estate planning-related matters, as well as other types of legal issues pertaining to future planning, local businesses, and real estate. Because of our extensive experience in a range of practice areas, our clients benefit from our in-depth knowledge, resourceful approaches, and straight-forward legal advice. Our legal team is backed by years of experience and is prepared to help you, no matter how complex your case may seem.