Q: Is probate court mandatory for everyone who passes away?
A:
Absolutely not. If the person dies without assets there is no need for a probate. More typically a person dies with assets that are in a trust, or held jointly with someone who survives them, or in account payable on death a particular beneficiary. In such cases the asset passes without probate. If all major assets pass without probate, the family typically does not bother with a probate for small personal items like furniture, clothes, etc., but instead just divides this up.
Putting all or almost all assets in a trust can avoid probate. My law firm will write a trust for a single person or a couple for $675. My law firm also does low cost, discount uncontested probates and we publish our fees for uncontested probates at our website, www.probatenevada.net As you can see, a trust will save a lot of money over a probate if there are any substantial assets.
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