4 Ways to Avoid Probate

When people hear the word “probate,” they often associate it with a long, drawn-out process filled with problems. While that certainly is not always the case, probate can add difficulties at an already stressful time. To ease the burden for their loved ones, some people may wish to avoid probate or look for more streamlined ways to distribute their assets upon their death.

To assess the best way forward for you, it is first important to understand exactly what probate is. Probate is the court-supervised legal process of validating a person’s will (or determining intestate succession if there is no will), paying that person’s debts, and distributing their assets upon their death. Probate for a relatively straightforward estate without a large amount of assets in the District of Columbia can take about a year.[i] Beyond the time involved, probate is a public process which sacrifices some privacy about one's estate.

Understandably, some people want to get certain assets to their loved ones more quickly or in a more private way upon their death. As a result, they may wish to distribute assets either through a revocable living trust or some of the other methods mentioned below.

Revocable Living Trust

The most comprehensive way a person may avoid probate is by creating and funding a revocable living trust. Instead of going  through the public court process, your assets are instead distributed by the trustee of your trust. When creating your trust, you name a successor trustee who assumes that role upon your death. This person acts much like a personal representative does with a will in gathering and distributing your assets, but without the required court process of probate. Distribution of your assets through the trust may be faster and will maintain your privacy.[ii]

Joint Ownership

Another way to transfer ownership of an asset upon your death outside of the probate process is through joint ownership with right of survivorship. If two people share this type of ownership over property, when one of them dies, their share automatically passes to the surviving owner. This type of ownership is common for married couples with their homes or bank accounts.

Beneficiary Designations

Many of us have retirement accounts or life insurance policies. These types of assets typically require us to make beneficiary designations when we set them up. As such, upon our death, the retirement account assets or life insurance payouts go directly to the designated beneficiaries, avoiding probate, assuming your estate is not listed as a beneficiary.  

Pay-on-death and Transfer-on-death Designations

For checking and savings accounts, you can make a pay-on-death (POD) designation so that the account goes straight to the beneficiary you choose upon your death. Similarly, you can make a transfer-on-death (TOD) designation with brokerage accounts. Both types of designations avoid the probate process.

Other Considerations

While it may be appealing to want to avoid probate as much as possible through mechanisms like joint ownership, beneficiary designations, and POD/TOD designations, it is important to look at your plan as a whole with the advice of an estate planning attorney. For example, there may be unwelcomed tax consequences when choosing joint ownership as a means to transfer property. Or you may wish to make distributions to minors or loved ones that are better managed through a will or trust. And it is important to note that a beneficiary designation for an asset will govern its distribution, not the terms of your will. Therefore, you want to make sure the terms of your will are consistent with your beneficiary designations.

At Ozdeger Law, I work with clients to make sure that their planning documents and designations coordinate to accomplish their desired goals, reducing stress and bringing a sense of peace. Book a consultation or email me at Tulin@ozdegerlaw.com if you want to make sure your plan carries out your wishes for your loved ones’ futures!

[i] Small probate estates worth under $40,000 in D.C. can take even less time to undergo the probate process. As of March 21, 2025, the small estate threshold is $80,000.

[ii] It should be noted that when you use a revocable living trust, it is very important to fund the trust. If you do not place your assets in the trust, they cannot be distributed by the trustee and will end up in probate.