is a probate always required 
it is important to know whether a probate is required following the death of an individual the probate process can take a long time to finalize the more complex or contested the estate is the more time it will take to settle and distribute the assets the longer the duration the higher the cost probating an estate without a will is typically costlier than probating one with a valid will however the time and cost required of each are still high also since the proceedings of a probate court are publicly recorded avoiding probate would ensure that all settlements are done privately different states have different laws concerning probate and whether probate is required after the death of a testator some states have a specified estate value which requires probate for example probate laws in texas hold that if the value of the estate is less than 75 000 then probate may be skipped if an estate is small enough to bypass the probate process then the estate s asset may be claimed using alternative legal actions such as an affidavit typically if a deceased person s debts exceed their assets probate is not necessarily initiated and alternative actions may be taken 4some assets can bypass probate because beneficiaries have been initiated through contractual terms pension plans life insurance proceeds 401k plans medical savings accounts and individual retirement accounts ira that have designated beneficiaries will not need to be probated likewise assets jointly owned with a right of survivorship can bypass the probate process another popular way to bypass probate is through the use of a trust overall minimizing costs associated with the probate process can be prudent accumulated expenses can include court fees professional service hours and administration costs having an easily authenticated will is one of the most common ways to quickly move through a probate process and efficiently distribute assets appropriately 