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Ways to Avoid Probate

There are a number of ways to avoid probate. You can avoid probate in the following ways:

  • Have joint ownership: There are several different options for joint ownership of property which avoid probate. You can have tenancy by the entirety, joint tenancy with the right of survivorship, tenancy in common (where the will controls distribution of the deceased’s share of the property), or community property (where state law and a will control distribution of the property). Each of these methods does not require probate for the transfer of titled property.
  • Make gifts (with the exception of life insurance policies): You can take advantage of unlimited gift-tax exclusions on payments made for medical and educational expenses. However, you must make the payments directly to the hospital or college. Money donated to charities is also eligible for gift-tax exclusions.
  • Name beneficiaries in contracts such as life insurance: In most cases, ownership of contracts such as life insurance passes to the beneficiaries upon death of the owner without the contract having to be probated.
  • Use trusts: Two types of trusts allow you to avoid probate: A living trust, which takes effect before death, and a testamentary trust, which takes effect upon death.

 



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