A Will Won't Do What You Think It Does!

Shawn Smith • October 20, 2025

When most people hear the term estate planning, the first thing that comes to mind is a will. It seems simple enough: write down who gets what, sign it, and you’re done. Unfortunately, that assumption creates one of the biggest misunderstandings in estate planning.

Here’s the truth: a will doesn’t avoid probate. In fact, it can guarantee it.

What Probate Really Means


Probate is the court process where a judge oversees the distribution of someone’s estate after they die. Sounds straightforward, but in reality it can be:

  • Time-consuming: Probate can take months—or even years—to resolve.

  • Costly: Court fees, attorney fees, and executor expenses add up quickly.

  • Public: Probate is a public process, meaning anyone can look up details about your estate, assets, and beneficiaries.

If your goal is to save your family stress, time, and money, relying on just a will won’t get you there.


What Actually Keeps Families Out of Court


The solution is a comprehensive estate plan that goes beyond a simple will. A well-designed plan often includes a revocable living trust, which allows your assets to transfer directly to beneficiaries without court involvement, as well as powers of attorney to ensure someone can manage your financial and health care decisions if you’re unable to. 

It also incorporates beneficiary designations to keep retirement accounts, life insurance, and certain bank accounts out of probate, along with advance directives that make your medical wishes clear and enforceable.

Together, these documents provide complete coverage — protecting you while you’re alive and after you pass.


Take the First Step

Time to finally get your estate plan done?  Start with a Peace of Mind Planning Session. We’ll walk you through your options and explain our flat fees. Book your discovery call
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