How can I transfer real estate without probate?

Transferring real estate without probate is possible in West Virginia. Probate is the legal process of distributing a deceased person’s estate after they have died. Probate can be costly and time consuming, so it can be beneficial to avoid it. One of the simplest ways to avoid probate is to transfer the property while the owner is still alive. The property owner could transfer their real estate to a living trust or to another person via a deed. The transfer of real estate to a living trust can be done in West Virginia while the owner is still alive. It is a private legal agreement between the owner and the trustee that the trustee will manage the owner’s property when they die. This agreement should be in writing to make it legally binding. Real estate can also be transferred to another person while the owner is still alive. This can be done through a deed. The property owner will need to file the deed with the county clerk to make the transfer official. Once the deed is filed, the new owner will take full ownership of the real estate and it will not need to go through probate. Finally, it is possible to transfer real estate without probate in West Virginia by creating a joint tenancy with right of survivorship. This legal agreement states that when one of the two owners dies, the other owner will automatically receive full ownership of the real estate. In summary, real estate can be transferred without probate in West Virginia by transferring it while the owner is still alive, creating a living trust, filing a deed with the county clerk, and/or creating a joint tenancy with right of survivorship.

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