I have been getting a lot of questions from clients about whether they should avoid probate. Most New Jersey residents have heard the word “probate” and assume it means something complicated, expensive, and worth avoiding at all costs. In reality, probate is a short administrative step, and for the vast majority of families, it is unavoidable no matter how much estate planning is done in advance.

In simple terms, probate is the process of proving to the county surrogate that a person’s will is valid. Specifically, the original will is presented to the Surrogate of the county where the deceased was domiciled at the time of death. The Surrogate reviews the will, confirms it meets New Jersey’s legal requirements, and issues Letters Testamentary, which give the named executor the legal authority to act on behalf of the estate.

Each of New Jersey’s twenty-one counties has a Surrogate, an independent constitutional officer whose responsibility is to oversee the probate of wills. Because the position is elected and dedicated to the process of admitting wills to probate, the process at the Surrogate’s office is generally straightforward and designed to be accessible to ordinary families, not just attorneys. Technically, it’s called the Surrogate’s Court, but it’s really just an office. There’s no courtroom, no judge’s bench. Just cubicles and offices. Most people are surprised at how ordinary the visit feels—no formal hearing, no need for an attorney to be present, just paperwork review and a signature.

For most estates, probating a will costs approximately $200 in filing fees, and the appointment itself typically takes about thirty minutes at the Surrogate’s office. This is true whether the will disposes of a single item or an entire estate with dozens of assets. The process of proving the will and appointing an executor is identical either way. The size or complexity of the estate does not change the mechanics of probate itself.

This is the part many people find surprising: a great deal of time and money is spent trying to avoid probate, often through the use of revocable living trusts. While a properly funded trust can move certain assets outside the probate process, it is exceedingly rare for someone to die owning absolutely nothing in their individual name. A car, for example, is often left titled individually, even when the rest of an estate has been placed in trust. All it takes is one asset titled solely in the decedent’s name to require probate. When that happens, the family still ends up at the Surrogate’s office, except now they have also paid the upfront cost of establishing and maintaining a trust.

Given that probating a will for one asset requires the exact same $200 filing fee and thirty-minute appointment as probating a will for an entire estate, the supposed savings of avoiding probate rarely materialize in practice. For most New Jersey families, the simplest, most cost-effective plan is a properly drafted will, not an elaborate structure built to sidestep a process that is, in truth, quick, inexpensive, and nearly impossible to avoid entirely.

There are instances where I recommend a revocable living trust. For instance, if you own real estate in another state—such as a condominium in Florida—then I would recommend using a revocable living trust for the sole purpose of avoiding having to probate your Will in New Jersey and Florida. Unlike New Jersey, the process of probate in Florida can be expensive and time-consuming. This dual-probate problem can arise with any out-of-state real estate, not just Florida, so it’s worth reviewing where you own real estate when planning your estate.

But like most issues with estate planning, there is no one-size-fits-all. A quick consultation with an experienced New Jersey elder law attorney can make all the difference. Before spending thousands of dollars trying to avoid a $200, thirty-minute process, speak with an attorney about what actually makes sense for your family.