3 common myths about wills and probate

Misunderstandings surrounding wills and probate can create unnecessary confusion and stress during an already challenging time.

Understanding these misconceptions can help you make informed decisions and ensure your wishes properly unfold after your passing.

Myth 1: Family automatically inherits everything

In most cases, your assets do not automatically transfer to your family members upon your passing. Without a valid will, the state’s intestacy laws will determine the distribution of your estate, and this may not align with your wishes. Creating a will allows you to specify who should receive your assets, ensuring your loved ones receive what you intend.

Myth 2: Probate is a quick and straightforward process.

While probate aims to facilitate the transfer of assets, it is not always swift or uncomplicated. The process can take several months, or even years, depending on the complexity of the estate and any disputes that may arise. In 2022, Cuyahoga County’s probate court had 15,159 cases they were hearing, so prepare for potential delays and be patient throughout the proceedings.

Myth 3: A handwritten will is legally valid.

While some jurisdictions may accept handwritten wills, known as holographic wills, they may not hold up in others. The requirements for validity can also be stringent. It is best to draft a formal will, typically requiring the signatures of witnesses, to ensure it is legally binding and less susceptible to challenges.

Dispelling these myths about wills and probate can help you approach these processes with greater clarity and confidence. It is important to remember that creating a will is not reserved for the wealthy or elderly. It is a practical step anyone can take to protect their loved ones.