Just who is probate supposed to help anyway? It’s a process that seems overly complicated, to the point where people of modest means don’t seem to have any sway or influence over the results. Isn’t probate supposed to help the estate above everything else? Well, maybe not–at least, not exactly.

Who is Probate Supposed to Help, Really?

If I live to be as old as my father, I’m a little more than halfway through my life. That kind of puts things in perspective. And it’s left me thinking about all kinds of end-of-life issues, including probate. And after looking into probate, I’m left with one fundamental question: who is probate supposed to help?

On a personal level, I find this question fascinating because I think it says something about us as a society. Probate, for those of you who don’t know (and I don’t blame you) is a process by which your debts are paid off and your assets are divided among your loved ones. It sounds like a typical “will reading” kind of scenario.

But here’s the thing: I’m not at all convinced that probate is designed to help most Americans. Now, I’m not the first person to ever make that observation. All kinds of people have worked very hard to avoid the probate process altogether. And I also don’t mean to suggest some sort of conspiracy claim or rigged system kind of claim. Who is probate supposed to help? Well, not us–but I kind of think that’s our fault for misunderstanding what probate is.

Probate is About Debt

To a certain extent, the reason that probate isn’t about helping you is because probate is about debt. Without a doubt, debt is a part of our daily lives. Debt is as American as apple pie–perhaps even more so these days (I never really cared for apple pie, myself). But the point is that these days, it’s not uncommon to pass away and leave a substantial amount of debt behind. This debt can be anything:

  • Student loan debt
  • Credit card debt
  • Home loan or mortgage
  • Automobile loans
  • Other types of debt

Upon one’s passing, creditors have an interest in reimbursing themselves. That sounds callous, I guess, but the debt is still outstanding is what I mean. Some has to pay it, right? Probate gives creditors the chance to do that. That’s why you have to make all kinds of announcements. Anybody who is interested in collecting on that debt, therefore, can stake a claim on whatever’s left of the estate.

Now, creditors don’t have to get involved like this. Some of them will simply elect to take a loss. It depends on the type of debt and the amount owed.

Probate Should be Fair to Everyone

Of course, just because a creditor makes a claim to some debt doesn’t mean that the creditor is entitled to that entire amount. The probate process exists for a reason, and one of those reasons is to ensure that everybody gets a fair result. That means that the needs of all of the creditors need to be taken into account. The administrator of the probate process will look at what’s fair (and what’s possible) for everyone.

Now, “everyone” also means the decedent’s loved ones. That’s why we write a will or trust, after all. But it should be noted that the debts need to be paid off before any of the assets are distributed according to the wishes of the will. That’s how the probate process tends to work.

A Simple Estate Means Simple Probate

Sometimes decedents have little in the way of assets or little in the way of debts. Perhaps all of their debts are paid off. Or sometimes, nursing homes and healthcare costs have consumed all of the decedent’s assets. Sometimes, the decedent has always had a simple estate.

Whatever the case may be, the simpler your estate is, the easier the probate process will be. Having some kind of estate planning document, such as a will or trust, can also facilitate the process, especially if there’s one person you’d prefer be in charge of the probate proceedings.

Probate Doesn’t Mean You Aren’t in Control

To a certain extent, yes, probate is supposed to help the creditors more than the debtors. But you’ve also got a hand on the wheel, especially if you’re the administrator of an estate. Probate exists because the decedent (and, by extension, the administrator of the estate) deserve to have a say as well.

If you’re confused about what happens during the probate process–and who could blame you–and you don’t know quite who probate is supposed to help, it might be a good idea to consult with a probate attorney in your area. Laws tend to vary by state, so probate in Little Falls, MN, is going to be different from Probate in Los Angeles, CA. An attorney can help you navigate those differences.

Who is probate supposed to help? I’m not convinced it’s a process that’s supposed to help anyone. I think it’s just supposed to be fair.