Are there any advantages to going through the probate process?
While probate can be lengthy and expensive, it does provide some advantages to the estate planning process. First, the probate court can protect against the improper distribution of your assets. In some cases, such protection can be extremely valuable. Second, the probate process puts a definite limit on the length of time that a creditor can file a claim against your estate. A Living Trust has no such cutoff date. For the vast majority of estates, this is not a problem, as they do not have large unpaid liabilities. However, if you feel that your estate may be subject to large claims, you may wish to use a will, rather than a Living Trust, to distribute your property upon death.
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