Cat & Mouse: Probate Avoidance as Asset Protection

January 14, 2014

Probate is a court-supervised process through which the provisions of a person’s will are carried out. Many people choose to avoid probate by employing various estate planning tools that transfer their assets outside of their will. As a recent article explains, an additional benefit of creating non-probate transfers is that they provide a level of asset protection.

Cat & Mouse
(Photo credit: Mark Sardella)

If a person’s estate goes through probate, his or her executor will begin the process by collecting the decedent’s assets and giving notice of the death to any potential creditors. After this notice is given, the decedent’s creditors will have a specified amount of time to make any claims against the estate. The executor will have to pay these claims through the estate before distribution to the heirs.

Alternatively, certain non-probate assets such as life insurance policies, beneficiary accounts, and items held in joint tenancy pass immediately to the beneficiary or joint tenant upon the decedent’s death. Therefore, creditors are often unable to reach these assets.

Although non-probate transfers are a great way to incorporate asset protection planning into your estate plan, it is important not to use non-probate transfers specifically to avoid a particular creditor. These transfers can be undone if a court finds that the transfer was made for the sole purpose of avoiding an existing obligation to a creditor.


Practice Areas:



Schedule your free Exploratory phone call

Click here to see how we
can be of assistance.

Careers/Open Positions

Explore all available job
listings and become a part of an amazing team.

Payment Portal
for Tax and Accounting invoice

This link offers a secure, quick way to complete your payment with Omni360 Advisors LLC.

Our Social Media

Connect with us on Social Media using the following buttons:

Visit our Podcasts

Listen in, Join the Conversation!

Recent Posts

Are You Ready for Tax Season? Smart Strategies to Stay Ahead in 2026

Tax season is here—are you prepared? Discover key strategies for high earners, business owners, and legacy-minded families to reduce stress, optimize returns, and align with ...

<p>The post Are You Ready for Tax Season? Smart Strategies to Stay Ahead in 2026 first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

New Year, Smarter You: Resolutions That Build Wealth and Protect Your Legacy in 2026

Turn your New Year’s resolutions into action. Discover how to align tax, wealth, and legacy planning with your goals for 2026—and build a future worth ...

<p>The post New Year, Smarter You: Resolutions That Build Wealth and Protect Your Legacy in 2026 first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Charitable Giving After OBBBA: What High-Income Families and Business Owners Need to Know

The One Big Beautiful Bill Act (OBBBA) changes how charitable donations are treated for tax purposes. Here’s what affluent families and entrepreneurs need to know ...

<p>The post Charitable Giving After OBBBA: What High-Income Families and Business Owners Need to Know first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>