Why a Last Will and Testament Does Not Avoid Probate
Mar 31, 2025
If you've ever been told, “Just get a Will—you’ll be fine,” then this blog post is for you.
Let’s set the record straight once and for all: a Last Will and Testament does not avoid probate. In fact, it guarantees your loved ones will have to go through it. That’s right—using a Will is like buying a one-way ticket straight into the courthouse after you’re gone.
Wait, What Is Probate Anyway?
Probate is the government’s red-tape-laced, time-consuming, money-draining process of transferring your assets after death. If your accounts, property, or personal items are titled in your name alone when you pass, they can’t just go to your family. They have to go through the court system. And that system isn’t exactly quick or free.
The Cost of “Simple”
People are often told that a Will is “simple” and “all you need.” What they aren’t told is that probate usually takes 6 to 18 months, can eat up 4% to 10% of your total estate, and exposes your family’s private financial info to the public.
How “simple” is that?
Let’s put that in perspective: On a $500,000 estate, 5% in legal and court fees is $25,000. That’s not a typo. Twenty-five. Thousand. Dollars.
Now here’s the kicker—most of that isn’t even court filing fees. It goes straight into attorney pockets. This is why some lawyers push Wills. Because they know they’ll be the ones profiting when your family gets trapped in probate.
A Will Is Just a Letter to the Judge
Many people assume that having a Will means their wishes will be smoothly carried out. But here’s the truth:
A Will is not a magic wand that skips the legal process. It’s a formal way of saying, “Dear Judge, please oversee the distribution of my assets.”
And the court takes that request very seriously. Your family will have to file paperwork, notify creditors, publish legal notices, submit detailed inventories, and wait…and wait…until the court is good and ready to approve distributions. All while potentially paying thousands to lawyers to guide them through the maze.
So Why Do So Many People Use Wills?
Because they don’t know any better. Or worse—they were given bad advice by someone who should know better.
In The Freedom Estate Plan, I lay it out plainly: Some attorneys steer clients toward Wills because probate is a cash cow. Others simply lack the knowledge to offer a better solution.
Either way, your family pays the price.
The Better Way: A Revocable Living Trust
The smart alternative is a Revocable Living Trust. When properly set up and funded, a trust lets your assets bypass probate entirely. Your successor trustee—the person you choose—takes over, pays off debts, and distributes assets directly to your beneficiaries without court interference, long delays, or outrageous fees.
No inventory. No court hearings. No “Lawyer Tax.”
And perhaps most importantly—your family’s privacy stays intact.
Bottom Line
If you want your loved ones to avoid court, avoid delays, avoid unnecessary costs, and avoid having their grief turned into paperwork… a Last Will and Testament won’t do it. In fact, it guarantees the very mess you’re trying to prevent.
It’s time to stop falling for the “Will is enough” myth. Probate is not just a possibility with a Will—it’s a certainty.
If you're ready to take control and truly protect your family, don’t just plan—plan smart. For more information on estate planning, check out the YouTube channel at www.YouTube.com/nclawyer
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