Is probate of the estate an optional process in the execution of a will?

There’s a “non-probate” trend/movement/whatever happening since a few years ago. I believe it can be obviated by filing a “Transfer on Death” deed with your home county, which is what I did with my home. Google both terms and visit http://nonprobate.com (or something similar) for more info. As far as I know, it can’t be skipped after the fact.

My Mother set up some things in a trust for us before she died so we didn’t have to go through probate with those paticular things, so I would say that it is possible to avoid probate with advance planning.

To clarify, my answer applies to homes only.

Yah, I think y’all are both right… setting up a trust (and/or beneficiary deed) in advance is likely the best way to go these days.

Unfortunately, I’m past the in advance stage, though. :-\

Sorry for your loss rob.

No. The will must go through probate.