The Law Office of Maxwell White
  /  Estate Planning   /  Tips on How to Avoid Probate

Tips on How to Avoid Probate

Probate can be a time-consuming and costly process that can add unnecessary stress to an already difficult time for your loved ones. Fortunately, with proper estate planning, you can avoid probate and ensure a smoother transition for your loved ones after your passing. Here are some tips for avoiding probate with proper estate planning:

Create a Living Trust: A living trust is a legal document that allows you to transfer your assets to a trust during your lifetime. The trust then holds these assets for your benefit while you are alive and distributes them to your designated beneficiaries after your passing. Since the assets are held in the trust, they do not have to go through the probate process, saving time and money.

Joint Ownership: Joint ownership with the right of survivorship is another way to avoid probate. When you own an asset jointly with another person, such as a spouse, the asset automatically transfers to the surviving owner upon your passing.

Designate Beneficiaries: Certain assets, such as life insurance policies and retirement accounts, allow you to name beneficiaries. When you pass away, these assets pass directly to your designated beneficiaries, bypassing the probate process.

Pay-on-Death (POD) and Transfer-on-Death (TOD) Accounts: Similar to designating beneficiaries, POD and TOD accounts allow you to name beneficiaries for certain assets such as bank accounts and stocks. When you pass away, the assets in these accounts transfer directly to your designated beneficiaries, bypassing the probate process.

Keep Your Estate Plan Up-to-Date: Regularly updating your estate plan can help ensure that your assets are distributed according to your wishes and help you avoid probate. Life changes such as marriage, divorce, or the birth of a child can impact your estate plan and may require updates to your documents.

Proper estate planning can help you avoid probate and ensure a smoother transition for your loved ones. Our office has the knowledge and experience to help you create a comprehensive estate plan that meets your needs and protects your legacy. Our office provides free consultations to all new clients so that you can feel confident and empowered as you establish an estate plan best suited for your needs. 

The information provided herein is intended as a general overview and discussion of the subjects dealt with, and we accept no responsibility for any actions taken or not taken based on this publication. It is not intended, and should not be used, as a substitute for taking legal advice in any specific situation.