You think that a person should have a will in order to avoid probate. You are incorrect.

Having a will does not avoid probate. In fact, a will is actually a tool of and for the probate process, one purpose of which is to carry out the intent of a deceased person. Therefore, prior to death a person indicates his or her intent in a document which is referred to as a will.

Probate, however will generally involve costs, publicity and delays which some people would prefer to avoid. In those cases other estate planning techniques can be used to good effect.

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