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3 ways you can prevent your estate from going through probate

On Behalf of | May 17, 2023 | Probate |

As you grow older and start to think about your future, it’s essential to consider what will happen to your estate. Unfortunately, many people don’t realize their estate may be subject to probate court.

The probate process can be lengthy, expensive and stressful for your loved ones after you pass away. Thankfully, with proper planning, you can avoid this process altogether and ensure your assets are distributed your way.

Create a trust

One of the most effective ways to avoid probate court is to create a trust. This legal document allows you to hand over your beneficiaries’ inheritance to a trustee who will manage them according to your wishes. 

When you create a trust, your assets are no longer in your name, so they are not subject to probate court. There are different types of trusts, and they can be tailored to your specific needs. 

Explore joint ownership

Joint ownership is another way to avoid probate court. By owning property jointly with someone else, such as your spouse, you ensure it will automatically pass to them. This process is known as the right of survivorship.

It’s important to note that joint ownership can be complicated, and it’s essential to understand the legal implications before making this decision. Additionally, joint ownership can lead to disputes and legal battles if the joint owners disagree on how to manage the property.

Name beneficiaries

Naming beneficiaries is a simple and effective way to avoid probate court. You can name beneficiaries for your bank accounts, retirement accounts, life insurance policies and other assets. When you name a beneficiary, your assets will pass directly to them without going through probate court. It’s important to keep your beneficiary designations updated and review them regularly. If your beneficiary predeceases you, your assets may end up in probate court.

Probate can be a complicated and expensive process. Thankfully, there are several ways to avoid it to ensure that your assets are distributed according to your wishes and without unnecessary delays or costs.