Is Probate Really All Bad?
By: Barry E. Haimo, Esq.
October 7, 2025
Probate is one of those words that makes many families cringe. It’s often portrayed as a slow, expensive process that ties up your loved ones’ inheritance in endless court proceedings.
Because it is.
That being said, the reality is a bit more nuanced. There are a few arguable benefits that you can get from going through probate, and I wouldn’t be doing my due diligence if I didn’t acknowledge that.
Let’s look at both sides so you can make an informed decision about whether to plan around probate or use it strategically.
The Upside of Probate (Really!)
Not every estate needs to avoid probate. For smaller estates or situations where family dynamics are complex, the court’s involvement can provide structure and fairness. Probate can also be helpful if you anticipate disputes among heirs or want the peace of mind that every step is monitored.
Benefits include:
Built-in Oversight and Accountability
Because probate involves the court at every key step, this can help prevent wrongdoing or mismanagement.
If there are complicated family dynamics or potential conflicts, judicial supervision offers transparency. Beneficiaries can feel confident that assets are being handled properly because the executor must follow formal procedures and file reports.
Clear Deadlines for Creditors
Without probate, old debts can linger and create uncertainty for heirs. Probate sets a strict period for creditors to make claims, which means families can resolve debts quickly and move forward with distributing assets.
Those positives aren’t nothing if issues like that matter to you. However, always remember that the probate process comes with a slew of drawbacks as well.
The Downsides You Should Consider
Despite those potential positives, for many families the drawbacks of probate outweigh the benefits:
It Tends to Be Slow and Expensive. Even the simplest cases can take months, and more complex estates can stretch into a year or longer. Just as bad, things like court filing fees, appraisals, and attorney costs add up quickly.
Surprises Can Derail the Process. Unknown heirs or creditors can suddenly appear, forcing delays and extra expenses. Even well-meaning family members may disagree on asset distribution or procedure, adding conflict to an already emotional time.
Limited Access to Assets. While probate is pending, accounts and property can be frozen or restricted. That can be frustrating for families who may need those funds for immediate expenses like mortgage payments or funeral costs.
Potential Tax and Protection Issues. Some assets, like retirement accounts or life insurance policies, can lose certain protections or tax advantages if they end up in probate. Without careful planning, the estate could face unnecessary tax consequences or expose assets to creditor claims.
Want to see these pros and cons represented visually? Check out our charts:
Planning Ahead Is Key
While the best approach depends on your unique financial and family situation, there are a number of strategies that can help bypass probate entirely while still protecting your legacy. Revocable living trusts, transfer-on-death designations, and joint ownership are just a few.
If you’re unsure whether to plan around probate or embrace it as part of your estate strategy, we’re happy to help you weigh the trade-offs. Just get in touch.
By making these decisions now, you can save your loved ones time, expense, and stress in the future.
