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February 5, 2023 Probate

How to Protect Your Home from Probate

Why Homes Go Through Probate

When a homeowner dies with the property titled solely in their name, the home must go through probate before it can be transferred to heirs. This process can take months to years and involves court fees and legal expenses.

Transfer-on-Death Deeds

Many states now allow transfer-on-death (TOD) deeds, which automatically transfer property ownership to a designated beneficiary upon the owner's death, bypassing probate entirely.

Living Trusts

Placing your home in a revocable living trust is one of the most effective ways to avoid probate. You maintain full control during your lifetime, and upon death, the property passes directly to your beneficiaries.

Joint Ownership

Holding property as joint tenants with right of survivorship means the property automatically passes to the surviving owner. However, this approach has implications for taxes and liability that should be carefully considered.