Next steps if there is a will but no trust

If your loved one passed and left a will, but no trust, there are a few ways to proceed.

Your primary goal may be to avoid probate, which can be a difficult and expensive process. While it is possible that your loved one wrote a will that covered everything and/or did what was necessary to avoid probate, it may be wise to involve an attorney and verify that probate won’t be necessary. We offer help in locating trusted legal counsel, which you can access for free by clicking here.

Another step you can take to avoid probate is to figure out whether the estate qualifies as a “small estate.” A small estate is defined as an estate that is small enough to pass to its inheritors without going through probate. Every state has different benchmarks for what qualifies as “small.” To find out if your loved one’s estate qualifies, follow the instructions found here. (If the estate does qualify, click here.)

There are other reasons that you may need to wind up going through probate. According to LegalZoom, if the deceased owned an account that named a beneficiary (such as life insurance or retirement accounts), but the beneficiary has also died, probate law requires that account to go through the court so that the funds can go to the person legally entitled to them under state law.

Probate may sound scary, but in fact, many states have acknowledged the difficulties and costs and made the process easier. If you do have to go through probate, you can find an overview of the steps involved by clicking here.