Probate often may be avoided by planning. The results are usually good if the planning has been good, bad if the planning has been bad. Moreover, whether or not it is a good idea to avoid probate depends upon the circumstances. Probate may offer valuable protection to the estate of a deceased person and the surviving family members, protection that is not available without the probate process. Usually, but not always, if Bell Boyd lawyers have done the estate planning, trusts and other forms of asset ownership will be in place to avoid or substantially limit probate.
Taxes are different from probate.
As might be expected, neither the IRS nor other taxing authorities define a deceased person's estate in such a limited manner. The result of this difference in definitions is that a person's estate may be planned effectively to avoid probate but taxes still must be paid. Even if taxes have been deferred, avoided or limited, estate and inheritance tax returns may have to be filed and the taxing authorities dealt with. Types of Legal Services at Death Probate. This consists of filing the will, preparing and filing the documents needed for the Court to carry out its duties and then preparing and filing the documents needed to report to the court that the job is finished.