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Does a Will Avoid Probate?

No, not usually. A will is often called a “ticket to probate”, meaning that it only governs assets that would normally need to pass through the court process of probate in order to be passed on to the intended beneficiary. The answer to this question largely depends on the assets and beneficiary designations of the testator (the creator of the will) at the time of their death. Wills are not generally probate avoidance tools, though.

Author Bio

Paul Yokabitus

Paul Yokabitus is the CEO and Managing Partner of Cary Estate Planning, a Cary, NC, estate planning law firm. With years of experience in estate and elder law, he has zealously represented clients in various legal matters, including estate planning, guardianship, Medicaid planning, estate administration, and other cases.

Paul received his Juris Doctor from the Campbell University School of Law and is a North Carolina Bar Association member. He has received numerous accolades for his work, including being named among the “Best Attorney in Cary” in 2016 and 2017 by Cary News and Rising Star in 2020-2023 by Super Lawyers.

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