When people search for estate planning information online, they’re often overwhelmed by confusing terminology and conflicting advice. As an estate planning attorney, I hear the same myths over and over — and unfortunately, believing them can lead to serious problems for families down the road.
The truth is: estate planning isn’t just for the wealthy or people with complex financial portfolios. It’s for anyone who wants to protect their family, avoid unnecessary legal stress, and ensure their wishes are honored.
Here are six of the most common myths about estate planning — and the real facts behind them.
Myth 1: You Need a Trust to Avoid Probate Court
Many people assume that creating a trust is the only way to avoid probate court. While a revocable living trust can be an excellent way to transfer assets outside of probate, it’s not the only method.
Assets like retirement accounts, life insurance policies, payable-on-death (POD) bank accounts, and transfer-on-death (TOD) affidavits can also bypass probate — as long as proper beneficiary designations are in place.
The Truth:
Not everyone needs a trust. But for families who want privacy, speed, or more control, a trust can be a smart tool. An experienced estate planning attorney can help you evaluate whether a trust is right for your situation.
Myth 2: Having a Will Avoids Probate Court
This is one of the most common misunderstandings. A will does not avoid probate. In fact, it must be submitted to the probate court after your death to take legal effect.
Probate is the process through which the court ensures debts are paid and assets are distributed according to the will — or by state law if no will exists.
The Truth:
A will is crucial for stating your wishes, but if your goal is to avoid probate, you’ll need to include other strategies — like a trust or beneficiary designations. Learn more about how probate works.
Myth 3: If You Don’t Make a Will, the State Will Take Your Assets
Many people worry that dying without a will means the government takes their property. While that’s not entirely true, the outcome can still be far from what you want.
If you die without a will (called dying “intestate”), the state decides who inherits your property based on default inheritance laws. Typically, this means your spouse, children, or parents will inherit — not necessarily the people you would have chosen.
The Truth:
While the state won’t seize your assets, it will control how they’re distributed. This can lead to unintended consequences, especially for blended families, unmarried partners, or estranged relatives.
Here’s what happens when you die without a will.
Myth 4: Estate Planning is Only for the Wealthy
This myth is one of the biggest barriers to proper planning. Many people think “estate” means mansions and millions. In reality, everyone has an estate — whether that’s a home, car, bank account, retirement fund, or personal possessions.
The Truth:
Estate planning isn’t about how much you own — it’s about protecting the people you care about and ensuring your wishes are followed. It also includes decisions about:
- Who will care for your children
- Who can make medical or financial decisions if you’re incapacitated
- How to avoid unnecessary legal expenses or family disputes
Myth 5: Once You Create an Estate Plan, You’re Done
Putting your estate plan in place is a major step — but it’s not a one-time task. Life is always changing. Marriages, divorces, new children, deaths, or even changes in the law can all impact your estate plan.
The Truth:
Your estate plan should be reviewed and updated every few years or whenever there’s a significant life change. An outdated plan can cause just as much confusion as having no plan at all. When should you update your estate plan?
Myth 6: Estate Plans Only Matter After You Die
Many people think estate planning is only about what happens after death. In reality, some of the most powerful estate planning tools are designed to protect you while you're still alive.
For example:
- A healthcare power of attorney lets someone make medical decisions if you can’t
- A financial power of attorney allows someone to manage your finances if you're incapacitated
- An advance directive outlines your wishes for end-of-life care
The Truth:
Without these documents, your family may need to go to court just to help you during a crisis. Estate planning gives you peace of mind — and gives your loved ones the legal authority to act on your behalf when it matters most. Why powers of attorney are essential at any age
Final Thoughts: Don’t Let Myths Shape Your Future
Estate planning isn’t about preparing for death — it’s about protecting your loved ones, your values, and your future. By understanding the most common myths, you can avoid expensive mistakes and create a plan that truly works for you.
If you’re wondering whether you need a will, a trust, or other estate planning documents, the best first step is to talk with an experienced attorney. We’ll help you choose the right tools to avoid probate, minimize conflict, and protect your family.
Let’s put a solid plan in place that reflects your life and the people you care about. Whether you’re starting from scratch or updating an old will, we’ll help make the process simple, personalized, and stress-free. Schedule a Free Consultation today to start building your plan with confidence.
