Confused About Probate Court

Yes Probate is confusing many attorneys are even confused about it.

Place the bank accounts into a trust and then you will avoid probate all together.

This answer is provided for informational purposes only. Legal advice can only be given in an office appointment by an attorney licensed in your jurisdiction with experience in the area in which your concern lies.

I think you need to find an exeperienced estate planning attorney.

No matter what the size payable on death property does not go through probate.

I would second Ms. Schmitz's advice. As long as there are beneficiary designations, then probate would not be required for such assets. You need to make sure that ALL of your assets would avoid probate, however.

Depending on the size and nature of your estate, you may be able to easily avoid probate, either with or without the use of a Trust. It sounds to me like your present attorney either does not understand estate planning, or was simply trying to scare you into paying him for more services, whether you need them or not.

You should strongly consider executing a Durable Power of Attorney form, so that probate will not be required, in the event that you become incapacitated. It is fine to avoid probate once you are dead. It is more important to make sure you are taken care of during your lifetime.

James Frederick