5 Common Misconceptions About Wills, Trusts, and Probate

Rebecca Solem
Sep 08 2025 16:02

Understanding Wills, Trusts, and Probate

Estate planning can be complex, and misconceptions abound. Let's debunk five common myths about wills, trusts, and probate, helping you make informed decisions for your family's future.

1. Misconception: A Will Avoids Probate

Many believe that having a will prevents probate, but this isn't true. A will directs how your assets should be distributed, but it still passes through the probate process. Probate validates the will and ensures debts and taxes are paid before assets are distributed.

2. Misconception: Trusts are Only for the Wealthy

Trusts are often perceived as tools for the rich, but they are versatile instruments beneficial for many, regardless of net worth. They can help manage minor children’s inheritances, reduce estate taxes, and specify terms for distribution, among other advantages.

3. Misconception: Probate Takes Years and Costs a Fortune

While probate can be time-consuming and costly, it doesn't always take years. The duration depends on the estate's complexity and state laws. Additionally, some states offer expedited processes for small estates. Consulting with a probate attorney in Washington can provide clarity on what to expect.

4. Misconception: All Wills and Trusts are Standard Forms

Some assume that all estate planning documents are standard forms, but personalization is key. A will or trust should reflect your unique situation, wishes, and family dynamics. Working with an experienced estate planning attorney ensures that your documents are tailored to your specific needs.

5. Misconception: Once Done, Estate Plans Don’t Need Revisiting

Finally, estate plans are not "one and done." Significant life events or changes in law may require updates to your documents. Regular reviews with an estate planning attorney ensure your plans remain aligned with your goals and current legislation.

Understanding these facets of estate planning can prevent costly mistakes and provide peace of mind. For tailored advice, consider consulting with a wills and trusts lawyer in Snohomish County.