What is probate avoidance?

Probate avoidance is a way to keep your estate out of the probate court process in Washington. Probate is a legal process where the court monitors the distribution of your assets after you die, ensuring that debts are paid and the remaining property is divided according to your wishes. Probate avoidance is when property is not put through the probate process and can be accomplished through certain legal and financial measures. One way to avoid probate is to use a trust. A trust is a legal entity that holds title to certain property and distributes it according to the trust document. With a trust, property passes outside of the probate process and according to the wishes set forth in the trust document. Another way to avoid probate is through joint ownership of property. When two or more people own a property, such as a house, the surviving owner becomes the sole owner of the property. Therefore, the title of the property passes to the surviving owner without the need to go through probate court. Life insurance and retirement benefits can also be used to avoid probate. When properly titled, these accounts distribute benefits outside of probate. Upon a person’s death, the accounts are paid directly to a beneficiary, thus avoiding probate. Finally, a revocable living trust is one of the most effective tools for avoiding probate in Washington. A revocable living trust is a document where you transfer all of your assets into a trust and you, as the grantor, are also the trustee or manager of the trust, during your lifetime. Upon your death, the successor trustee takes over and distributes the trust assets to the heirs without going through the probate court process. Probate avoidance can help ensure that your assets are distributed according to your wishes without having to go through the court process.

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