20 Ways to Make Probate More Efficient

20 Ways to Make Probate More Efficient

By Melinda Gustafson Gervasi

May 20, 2024

Weekly I hear from clients coming into my office that they want to make life easy for their loved ones when their time comes.  If you fall into that category, here are 20 action items you can take now that may make the work of probate easier on your loved ones:

1. Write a will.  Only 32 percent of Americans have an estate plan. Without one there is no clear person to handle your final affairs.  Take control now and create a legal plan to say who is in charge.
2. Nominate an institution to be your Personal Representative (called an Executor in other states).  An institution, such as the wealth management office of a bank, does this work day in and day out.  They can likely complete a task in an hour that might take your loved one a week to figure out;
3. If available, file your will with your local courthouse for safekeeping.  This is a service offered here in Dane County, Wisconsin.  For a one-time $10 fee the will is filed at the courthouse, which offers superior fire and water protection than any home. And the document is already where it ultimately needs to be delivered.
4. Declutter!  Do not put off until tomorrow what you can purge today.  Your efforts need not be perfect, but something is better than nothing.  If you need inspiration, reach my prior blog posts about the book The Gentle Art of Swedish Death Cleaning.
5. Set up a 3-ring binder to hold your important documents.
6. Annually review your important documents to see what is out of date and then update accordingly.  For example, did your brother die 6 months ago but he is still listed as the beneficiary of your life insurance.
7. List out all of your assets. 
8. Write up a list of any liabilities, from a mortgage to student loans, to annual bills such as property insurance.
9. Leave instructions for how to dispose of chemicals or equipment you might have in your home.  I am married to an electronics engineer who is a ham radio operator.  Knowing how to properly handle, move or dispose of his equipment and supplies would save me a lot of time and energy.
10. Make a plan for your pets.  Our family is home to 4 cats, yes 4.  We are "that cat family".  My estate plan reflects our devotion to cats, and includes a pet trust to help make the care and re-homing of our felines easier if the bank has to take action (our spouse is the primary Personal Representative, a local bank is the Successor Personal Representative).
11. Print out your holiday card mailing list for easy access.  If you care enough to send an annual card, these folks may want to know of your passing.
12. Add the past 2 or 3 years of federal and state income tax returns in hard copy for easy access by the person you appoint to handle your final affairs.
13. Provide a list of one or two local thrift stores where clothing, furniture, and other items can be donated if not given to loved ones.  For example, our family directs all donations to the Dane County Humane Society thrift store, however, sometimes their warehouse is full.  I should figure out a secondary choice.
14. Keep hard copies of important vital records, property deeds and vehicle titles.
15. Write a few bullet points to be included in an obituary, or if you are really Type A, write your own.
16. Provide a current contact list for your professional world -- employer, employees, professional associations, licensing boards, etc.
17. Keep an up-to-date list of social media accounts and close out ones you no longer use -- do not overlook digital clutter.
18. Designate items with special meaning to specific loved ones, such as how gets Christmas tree decorations, framed photos or pieces of jewelry.  Make the decision now rather than have family members sorted it out while grieving. That takes time and makes for fertile ground for family fights.
19. Shred documents for assets you no longer own, such as expired life insurance policies.  Keeping records that are not current will slow down the work of your Personal Representative. 
20. If you have minor children, name a guardian in your will.  The only legal way to name a guardian is completing a will.  Avoid confusion and potential litigation, make your wishes now and put it into a legally binding document.

Once you have your paperwork in order, relax and enjoy the sunshine!

Image by M. Gustafson Gervasi, 2024

Thank you for reading.  Remember that a blog is not legal advice.  It is meant to spark thought and reflection.  Please seek legal counsel from an attorney licensed in your state of residence.  Be well!