Can I Make Sure My Assets Are Not Distributed Through the Probate Process?

Courtroom, Judge, male judge in black mirror backgroundThe probate process involves the court distributing a person’s assets upon death. It usually occurs in situations where a person does not have a will. However, just because a person has a will does not mean that their assets will definitely not be distributed through the probate process.

What to Do to Prevent Your Assets From Being Distributed Through the Probate Process

Here are a couple of tips to help you avoid having your assets distributed through the probate process:

  • Joint Ownership – Set up any real estate or other property you own so that you share ownership with the person, persons or entity that you want to be the beneficiary of the property or real estate after you die. Property or real estate that is jointly owned with a survivorship right will not be subject to the probate process.
  • Living Trust – There are both revocable and irrevocable living trusts. Revocable living trusts allow the creator of the trust to revoke it while he or she is still alive. Irrevocable trusts cannot be revoked once they are created. The way a living trust works is that you create the trust and you become the trustee of the trust, which means you fully control any assets, such as property, that you transfer to the trust while you are alive. After your death, a person who you chose to takeover as your successor trustee will distribute the property and other assets you transferred to the trust while you were alive to your chosen beneficiaries. This protects your assets from being distributed through probate.

Next month, we will examine how the transfer-on-death designation, creating a will and setting up a pay-on-death account can also enable you to avoid probate.

At Lowthorp Richards, our experienced probate attorneys have been successfully guiding people through the probate process, as well as other complex estate administration matters, for decades. We are dedicated to providing individuals and families in Ventura County, the Central Coast and throughout California with the highest caliber legal services possible. To learn more about estate administration or to set up a consultation, call Lowthorp Richards today.

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