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The Plain English Attorney

False. A Last Will and Testament does not avoid probate; it only directs where property goes after probate has been completed.

Most people wish to avoid their estate going through probate and save their family from the grief of a prolonged probate process. However, there seems to be a disconnect between popular belief and reality since most people mistakenly believe that a Will avoids probate. And the fact is that most people rely on the advice of attorneys who make a lot of money on managing the probate process after death. It is possible that their advice may be biased towards their self-interests.

There are methods of avoiding probate that are effective, such as a revocable living trust. But if anyone ever told you that their estate will avoid probate because they have a Will, then they are very much mistaken.

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