How to Avoid Probate without a Trust

The easiest way to avoid probating estate assets is to put those assets in a trust. This, however, is also an expensive and cumbersome way to do it, that typically requires numerous transfers and funding steps to put all of the assets inside. It isn’t for everyone.

The good news is that for most people, you don’t need a trust to avoid probating your or a loved one’s assets. Here are some basic steps you can take to make sure that everything goes to who you want it to without every stepping foot in court.

Real Property

Two easy, low-cost ways to keep your real property out of probate are survivorship deeds, or transfer on death designation affidavit.

A Survivorship deed is a deed that gives co-owners survivorship rights upon another property owner’s death. You will often see this with married couples purchasing the house. This way, the house does not have to go through the probate process and instead can transfer directly to the spouse. Any deed can be a survivorship deed if 1) there is more than one owner and 2) the language to the new owners is “for their joint lives remainder to the Survivor of them.”

A transfer on death designation affidavit (“TOD”) is an affidavit that a property owner can file pertaining to a property. Similar to the survivorship deed, the affidavit permits the direct transfer of the real property to any designated beneficiary or beneficiaries upon the death of the owner.

If you need an example of the transfer on death designation, the Franklin County library has a version that you can use.

Automobiles

Transferring a car in probate can be a royal pain. You can make things easy on people by filling out a transfer on death affidavit with the Ohio Bureau of Motor Vehicles.

While it is best to have a named beneficiary, you do not need one if you are the spouse of the decedent. In that case, any titled possession worth $65,000.00 or less can be transferred to the surviving spouse without having to go through Probate Court. This includes any motor vehicle, watercraft, or outboard motors. It does not include a mobile home or recreational vehicle.

 By: Nicholas P. Weiss, Esq