The loss of a loved one is a difficult experience for any family. Probate court can make this time even more stressful - especially if a person died intestate (without leaving a will). This is because the courts will take over administering the decedent's estate. The family will have little or no control over how assets are distributed. Valuable assets may be tied up in probate for many months causing financial hardship for the bereaved family.

A properly executed will can help to ensure that the estate is handled properly. However, the probate process will still take some time. Creditors are generally given a window of several months during which they may attempt to collect money from the estate. Until all debts are settled, the rest of the assets cannot be given to the rightful heirs. Estate planning that includes placing important assets into one or more trusts is one way to keep a family from having to go through probate court to receive their inheritance.