Join our newsletter.

How To Avoid Probate

The principal ways to avoid probate are:
1. Create a revocable living trust (RLT) and transfer assets into it. The trustee has control over the assets, so naming the owner as trustee maintains control in the owner. The trustee/owner can amend or revoke the trust at any time. When the trustee/owner dies, the assets pass to his or her beneficiaries outright or in trust as the deceased owner specified in the trust document without going through probate. This method provides the most flexibility but is the most expensive.

2. Hold property with one or more other persons as joint tenants with rights of survivorship. Upon death, the owner’s interest in the property passes to the other joint tenant without the need for probate. Joint tenancy has a number of potential drawbacks. The asset owner and the joint tenant will have equal ownership rights
in and access to the property and joint tenancy cannot be revoked. If the property is real estate, all joint tenants need to agree on property management decisions. If the property is a bank account, either joint tenant can withdraw the entire balance.

3. Execute a transfer on death deed for real estate and pay on death document for financial accounts and securities. With a transfer on death deed, upon death the subject property passes to the beneficiary named in the deed without going through probate. The beneficiary has no rights in the property until the owner dies. The owner can revoke the deed. However, these deeds are available only in a limited number of states. Similarly, a pay on death account passes to the beneficiary upon death without the need for probate. The beneficiary has no
right to the funds in the account while the owner alive.

4. Complete beneficiary designations for life insurance and retirement accounts naming someone other than the estate. If the estate is the beneficiary, the funds will need to pass through probate. Similarly, if the beneficiary designations are not completed, upon death the insurance proceeds and retirement accounts will pass to the estate and require probate.

5. Give property away to the intended beneficiaries before death. Any property not owned at death will not need to be probated. Making gifts while alive can also be an effective strategy for reducing estate taxes, although very few estates are large enough to incur estate taxes. Notice that a will is not included in this list. Disposing of probate assets in a will does not avoid probate.

Related News & Articles

This past Wednesday actor and comedian Bill Cosby had his 2018 conviction for sexual assault overturned by the Pennsylvania Supreme Court and he was released from prison having spent two years...

If you are ever driving a vehicle in the state of Pennsylvania and find yourself being pulled over by a police officer, you must know your rights. You must also be...

Life is expensive. If you are like most recipients of disability benefits, your budget is tight. You are always on the lookout for ways to make the most of every dollar...

Writing a will is one of the basics of estate planning. It’s also something 40 percent of us avoid doing. And on some level, we can understand that. Writing a will...

Okay, the auto accident is over … now what? If you’re like most people, you’ll want to get the car repaired as soon as possible. All you can think of is...

After a separation or divorce Child custody schedules specify each parent’s time with their children. Schedules are very detailed and include information about custody during weeknights and weekends, as well as...

Managing family dynamics is difficult enough without having to deal with the extra complexities of addiction and rehabilitation. The stakes in family court cases can rise dramatically when substance misuse is...

FEDERAL MORATORIUM ON EVICTIONS HAS NOT BEEN EXTENDED As of today the Federal moratorium on Evictions which have kept so millions of people in their homes and apartments during the pandemic...

We’re all competitive to some degree. We all have standards of where we are in life, how we think our bodies should look, how we should feel. We’re also getting older...

There’s a reason so many of us fail to write a living will while we’re still alive. Considering our own death can be a terrifying thing. But if you’re reading this...