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

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...

Driving under the influence of alcohol or drugs: it’s one of the most irresponsible actions you can take as a motorist. Not only can it lead to losing your driver’s license,...

Unfortunately, in many cases, the person or persons responsible for the inci­dent may not tell the complete truth about the incident. It is human nature for many people to deny liability,...

The end of a marriage is never easy, especially when children are part of the equation. The best you can do is to make sure things as painless as possible for...

You drive this road every day. You know every turn, every stoplight, every sign. Every day, it’s pretty much the same drive. Then one day, it’s a different drive. You have...

There’s change in the air when it comes to Pennsylvania marijuana laws and drug crimes. Earlier this month, the state began allowing people with medical marijuana cards to buy marijuana in...

The Hidden Dangers of Misusing Prescribed Medications Prescription drug abuse, though often overshadowed by illegal drug cases, carries significant legal consequences that can affect every aspect of a person’s life. From...

Your lawyer will discuss the payment of your medical bills in detail with you. In summary, your medical bills may be paid by one or more of the following methods: a....

You’ve just gotten married. Your new spouse has kids from a previous marriage, but at this point, you think of them as your kids too. Unfortunately, the law has other ideas,...

Falls are the leading cause of injury for older Americans. It’s something easy to be aware of as an injury lawyer in Bucks County. And unfortunately, those injuries can often be...