Probate American Style

American lawyers are very business minded and innovative. I thought I would investigate how they approached probate services. The answer was surprising. American lawyers generally advise their clients to avoid probate if they can. Probate procedures vary according to the laws of individual States.

In those States, probate is controlled by local courts and the lawyers who have audience rights in those courts. The result can be delay and expense. So a well advised American with property and other significant assets will put them into a trust during his or her lifetime so that on death they remain on trust and are passed to the desired beneficiaries without probate being necessary.

Wills are still used to avoid the inconvenience of intestacy but the main assets are taken care of by other means.

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