How can I transfer real estate without probate?
In Washington, real estate can be transferred without going through the probate process if certain conditions are met. In order to do this, the property must be held in joint tenancy with the right of survivorship, be held in a living trust, or be under a designated beneficiary deed. Joint tenancy with the right of survivorship is when two or more people own the property together, and upon the death of one of the owners, the ownership is transferred to the surviving owner or owners without having to go through probate court. A living trust is a legal document created to manage assets and property while the creator of the trust is alive, and then after their death, the trust assets are distributed to named beneficiaries without having to go through probate court. A designated beneficiary deed works differently, in that thecreator of the deed will designate a beneficiary to receive the property upon their death, and the deed will transfer to the designated beneficiary without having to go through probate court. All three of these methods of transferring real estate are effective in Washington, however, it is important to make sure that the deed or trust is properly drafted and recorded, otherwise it may not be valid. Consulting an experienced estate planning attorney is advisable to ensure that the transfer of real estate is done the right way.
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