Estate Planning Guide
How to Avoid Probate
Probate eats 3-8% of your estate in fees and locks your family out for 6-18 months. The good news: it's completely avoidable. Here are 5 ways to skip it.
The short answer
The best way to avoid probate for most people is a revocable living trust. You transfer your assets into the trust while you're alive. When you die, everything goes directly to your beneficiaries — no court, no delays, no public record. Other methods (beneficiary designations, joint ownership) work for specific assets but don't cover everything.
What is probate, and why avoid it?
Probate is the court process that happens after someone dies. A judge reviews their will (if they have one), validates it, pays off debts, and supervises the distribution of assets.
The problems:
- •Expensive: Attorney and executor fees typically total 3-8% of the estate. On a $500K estate, that's $15,000-$40,000.
- •Slow: Average probate takes 6-18 months. Complex estates can take years.
- •Public: Probate records are open to anyone. Your assets, debts, and beneficiaries become public information.
- •Stressful: Your family deals with court dates and paperwork while grieving.
5 ways to avoid probate
1. Revocable Living Trust
A living trust is a legal container that holds your assets. You create it, fund it with your property, and name beneficiaries. When you die, your successor trustee distributes everything according to your instructions — no court involved.
Works for
Everything: real estate, accounts, investments, personal property
Cost
$500-$2,000 online, $2,000-$5,000 with attorney
✓ Most comprehensive solution. Covers all assets in one plan.
2. Beneficiary Designations
Some accounts let you name a beneficiary directly. When you die, the account transfers automatically — no probate needed. This includes retirement accounts (401k, IRA), life insurance policies, and some bank accounts (POD/TOD).
Works for
Retirement accounts, life insurance, POD/TOD accounts
Cost
Free — just update your account forms
⚠️ Doesn't cover real estate or general bank accounts. Use alongside a trust.
3. Joint Ownership with Right of Survivorship
If you own property jointly with someone (usually a spouse), it can pass directly to them when you die. This is common for homes owned by married couples.
Works for
Real estate, bank accounts, vehicles
Cost
Free if already jointly owned
⚠️ Only works for the first death. When the surviving owner dies, it goes to probate anyway.
4. Transfer-on-Death Deeds
Some states allow TOD deeds for real estate. You sign a deed naming a beneficiary, record it, and keep living in your home normally. When you die, the property transfers automatically.
Works for
Real estate (in states that allow it)
Cost
$50-$200 for deed and recording
⚠️ Not available in all states. Only covers real estate, not other assets.
5. Small Estate Procedures
If your estate is small enough, most states offer simplified procedures that skip formal probate. Limits vary by state — typically $50,000 to $200,000.
Works for
Estates under the state threshold
Cost
Minimal filing fees
⚠️ If you own a home, you're probably over the limit.
Which method should you use?
For most people, the answer is: a living trust + beneficiary designations.
The trust covers your home and general assets. Beneficiary designations handle retirement accounts and life insurance (which have their own transfer rules anyway).
Joint ownership is fine for married couples but doesn't solve the problem long-term — when the surviving spouse dies, everything still goes through probate. A trust avoids it completely, for both of you.
What happens if you don't avoid probate?
Your family inherits a bureaucratic nightmare:
- 1.Someone files a petition with the probate court
- 2.The court appoints an executor (if you named one) or administrator
- 3.Creditors are notified and given time to make claims
- 4.Assets are inventoried and appraised
- 5.Debts and taxes are paid
- 6.The court supervises distribution to heirs
This takes 6-18 months minimum. Meanwhile, your family can't sell the house, access accounts, or move on with their lives.
Skip probate. Protect your family.
Mantle helps you create a living trust in 30 minutes — with online notarization and guidance to transfer your assets. Your family gets their inheritance in weeks, not years.
Get Started Free →$995 complete. No lawyer required.