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Best Way to Avoid Probate?

By Barry Peters | Jul 13, 2019

What exactly is the best way to avoid probate? There are normally two possible ways to avoid probate.

Piecemeal Approach to Avoiding Probate

The first is a piecemeal approach. It involves naming beneficiaries on every asset you own. Bank accounts, stock brokerage accounts, vehicles, real estate, and everything else. If you can do this and maintain those beneficiary designations, probate can be avoided. But if you slip up and fail to name beneficiaries for each asset, probate will often still be required.

The Global Solution to Avoiding Probate

The better global approach is to establish a Family Trust or Living Trust. All that you own can then be placed into the name of the trust. Then, when you pass away, there will be nothing left that “you own” that will go through probate. Everything in the trust can be quickly distributed by your successor trustee to the persons you’ve chosen in the trust.

For a married couple, the use of a Family Trust actually avoids probate twice – once as each spouse passes away. So, the probate savings are doubled.

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Daniel made the entire process simple and easy to understand. He took our questions and made sure we understood all the legal aspects and responsibilities seamless. Neal V.
We want to thank Matt, he was very helpful in answering our questions and walking us through the process of setting up our Family Trust. Charlotte G.
Marcus West was so helpful in setting up our trust. We had several questions and a lot of properties to manage. He was professional & has a great personality. Pamela B.
Ben, you were very thorough in your explanations, answered all of our questions & we would be happy to put our names to referrals for you. Darrell C.
Hello, Ben. Thank you for your assistance with out trust. Your simple, concise, efficient instructions and explanations were easy to understand and follow. We were pleasantly surprised how quickly you were able to get everything set up and ready to go. Desta R.