And some estate planning attorneys earn a substantial part of their income from probating estates. Make sure you hire an estate planning attorney who wants to help to avoid probate. A will is the primary tool of the probate system. In effect, your will is a letter to the judge telling him how you want your property distributed. The judge then must make sure all your property is collected and appraised, and all your bills and taxes are paid, before he can distribute your property to your heirs.
Wills are the most contested of all legal documents.
Wills actually encourage challenges over assets because once the probate is open, the contesting party simply makes his case known to the judge without so much as even filing a lawsuit. Living trusts are for anyone who wants to avoid the costly and months-long process of probate. People with larger estates will benefit even more. Your living trust can remain private because it does not have to be recorded or published in any way. The only people who will know about your trust are the people you choose to tell.