Will an Estate Still Go Through Probate Even With a Last Will and Testament?
You need to discuss your individual circumstances with an Estate Planning Attorney. A Last Will and Testament does not avoid probate.
A Will is more of an expression of your desires regarding your Estate which desires will be carried out through the Probate process. If your Estate is less than $100,000 and does not include real estate, your estate can be distributed outside of Probate using a small estates affidavit. If your estate is larger or includes real estate the best way to avoid Probate is through the use of a Revocable Living Trust.
I strongly recommend against trying to avoid Probate by adding your family members to the title of your assets, as it gives your family authority over what you do with your own assets and it exposes those assets to your family members creditors. I recommend that you meet with a Estate Planning attorney and discuss your options to avoid probate.
James C. Siebert, Esq.
The Law Office of James C. Siebert & Associates
Arlington Heights, Illinois