What Happens If You Don’t Do Probate

In today’s world, most people want to avoid probate just as they want to avoid the plague. Indeed, probate time and money are more expensive than proper planning. For those who do not know, please distribute the property of the deceased through the judicial process to the property entitled to the deceased, heir, or beneficiary.

The solution to probate is to perform a “non-probate transfer.”

If someone has successfully performed a non-probate transfer for all of their property, a will is not necessary, at least as far as the property is concerned.

However, in general, individuals do not make arrangements for their entire property, in which case the “testament” serves as a safety net for the unaccounted property. With lifeplan group, everything is smooth.

The last will provides guidance on its distribution.


Failure to dispose of the property in other ways without a will result in the application of the intestate succession rule. These rules are governed by state law. After some changes, state inheritance rules will first allocate property to spouses and children. In this way, it can achieve the most personal goals.

The law provides a non-probate process for many properties.

As the name suggests, non-probate transfers avoid probate. The law provides a non-probate process for many properties: for real estate, many states provide so-called beneficiary contract or death contract transfers; for bank and currency accounts, there is the concept of post-mortem payment.

The life insurance policy is designated by the beneficiary and can be used as death compensation; the beneficiary’s designation can also be used to transfer the car on death.

Another method of transferring property is to place the property in a joint lease. When the property is owned by the owner, the property will be transferred to the surviving co-owner. If the father puts the son’s name in his house contract in joint ownership, the property will be automatically transferred to the son after the death of the father.


Last but not least, cross-organizational trust. Living trusts or survival trusts are by far the most popular mechanisms for completing non-probate transfers. This is because trust allows the grantor or property grantor (the individual who creates the trust) to decide how to allocate property. This is done by instructing the trustee of the heir chosen by the grantor as to how to execute the grantor’s wishes.

For example, a mother can provide for the consolidation of all her assets into a “pot” trust, which will provide children with health, education, maintenance, and support until they all graduate, and the rest will be distributed at that time. There are endless examples of how people choose to provide choices to their beneficiaries. The trust is backed by a “dumping” will, as mentioned above, just in case the deceased does not transfer all his property to the trust.