How to Avoid Probate and Protect your Assets


Harvey Anderson

Probate is a legal process that can be expensive and time-consuming. It’s important to know how to avoid probate when it comes to your estate and assets. Fortunately, there are several ways to do this! Let’s explore them.

Planning Ahead with Estate Planning Documents

One of the best ways to avoid probate is by creating estate planning documents such as wills and trusts. These documents can help you protect your assets and designate who should receive them after you pass away. You also have the ability to designate guardians for your minor children as well as trustees for any trusts you establish.

A will is a document that details how you want your property distributed after death. It should be created by an experienced attorney with knowledge of state laws and regulations, since each state has its own set of rules when it comes to wills.

A trust is a legal arrangement where one person (the trustee) holds property or money on behalf of another person (the beneficiary). Trusts are often used to hold assets in order to avoid probate, since they are not subject to probate proceedings. They also provide other benefits such as tax savings and asset protection.

Avoiding Joint Tenancy

Another way to avoid probate is by avoiding joint tenancy ownership of assets, such as real estate or bank accounts. When two or more people own an asset jointly, it passes directly from one owner to the other upon death without going through probate court. This can be an attractive option for some people, but it does come with risks—if one owner dies before the other, then their share goes directly to the surviving owner without passing through probate court at all. This could result in unintended consequences if the deceased person wanted their share of the asset passed on differently than what was specified in their will or trust documents.

Designating Beneficiaries

Designating beneficiaries on financial accounts like bank accounts and retirement plans can help you avoid probate too! Designating a beneficiary means that if something happens to you, your assets will automatically go straight into the hands of whomever you designated instead of going through probate court first. This means less paperwork and fewer delays for your heirs—and no need for them to go through a lengthy and complicated legal process in order to access those funds after your death.

Avoiding probate can save time and money, so it’s important for Americans (and anyone else with assets) to understand how they can do this effectively and efficiently! Knowing about estate planning documents like wills and trusts, avoiding joint tenancy ownership, and designating beneficiaries are all great ways that you can make sure that your wishes are carried out exactly how you want them with minimal disruption from outside sources after your passing!

Family.Estate can match you with a qualified lawyer in your area to take care of your family estate matters.

Disclaimer: This is not legal advice and information may vary between states. Information found on this website is general in nature. Please consult with a lawyer for personal support.


What is a Family Trust

Trusts are legal agreements, which enable trust holders (known as grantors) to appoint trustees to hold assets for a beneficiary.

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