Phoenix, AZ estates & probate attorney Anya Witmer talks about the importance of probate avoidance in estate planning. She states that one of the most common concerns she hears from clients as an estate planning attorney is the desire to avoid probate and stay out of court. A prevalent myth in this area is the belief that having a will automatically eliminates the need for probate. She clarifies that this is not the case—a will does require probate to be properly administered.

However, she explains that with trust-based planning, careful management of the plan, and proper alignment with one’s estate and assets, probate avoidance can be achieved for most clients. She emphasizes that this outcome is attainable, but it does not automatically come from having a simple will.