The probate system has a bad reputation, as something always to be avoided. Like most institutions, the probate system is sometimes wrongfully criticized by those who are misinformed. Probate is the process by which a decedent's bills are paid and property held in the decedent's name alone are transferred by court authorization, in accordance with the decedent=s will, if there was one, or by general law if no will is found. Contrary to what some people think, if you don't have a will, the State does not "take" your property. Rather, State law just writes a will for you, based upon what is generally accepted in our society as the standard will. However, if your titled assets are transferred properly prior to death, there is no need for judicial involvement. That is the purpose in "avoiding probate", but there are pitfalls to be avoided. By "adding names" to property during one's lifetime, it may be difficult to have the property returned to, or conveyed by, the donor, or to the donors intended beneficiaries. Read the full post through the hyper-link.
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