Can You Avoid Probate without a Trust?

Can you avoid probate without a trust? The short answer is yes, but the alternatives can have risks and offer limited control over your assets. In this episode of Absolute Trust Talk, Kiersten Howe and associate attorney Jessica Colbert explore various probate-avoidance strategies, including beneficiary designations, transfer-on-death accounts, and joint ownership. Tune in to gain valuable insights, understand the drawbacks of these methods, and discover more secure ways to prepare for death or incapacity while minimizing risks.

Time-stamped Show Notes:

0:00 Introduction

1:00 There are a few options for avoiding probate without a trust, but we don’t recommend going an alternative route unless there are extenuating circumstances.

3:00 One common method is a Transfer-on-Death account, but this type can have many issues. Listen in to learn why.

4:56 Another way to bypass probate without having a trust is through Assets Owned in Joint Ownership. Here’s what you need to know.

6:53 One consideration often overlooked is incapacity planning - a key aspect of estate planning and another reason we don’t like using the Transfer-on-death method.

8:15 Final takeaway: Most of the options for avoiding probate without a trust come with risks because they neglect to consider many common circumstances in future planning.