${site.data.firmName}${SEMFirmNameAlt}
Throughout Southern California
310-324-9403
Toll-Free
866-402-1805
View Our Practice Areas

Avoiding Probate When Real Estate Is in the Mix

What has been missing for so long is a means of transferring real estate in a simple, probate-free process. In about half the states, that hole has been plugged.

Probate can be messy, time-consuming and costly. Consequently, many people want to avoid it for their own estates.

Unfortunately, probate is unavoidable if you own real estate and have not done any estate planning.

If you have done estate planning, however, then there are three common ways to transfer real estate without probate.

  • Joint Tenancy - This is one of the most common ways that people seek to avoid probate. When someone is made a joint tenant of any real estate, that person automatically takes possession of the property after any other owners pass away. Most attorneys counsel against this, however, as the property can often be attached by any joint tenant's creditors.
  • Trusts - Trusts do not go through probate, making them an excellent way to transfer real estate. However, many people do not need a trust for anything else so the expense of getting one is not always worth it.
  • Transfer on Death Deed - As AZcentral points out in a recent article, titled "Probate-free real-estate deeds spread across U.S.," transfer on death deeds are another way to avoid having real estate pass through probate. However, they must be properly recorded during life to be effective upon death. Note: these deeds are only available in about half the states.

If you own real estate and would like to avoid probate upon postmortem transfer, then contact an experienced estate planning attorney to discuss these options and determine which is best for you.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Find Out The Difference That Experience And Expertise Makes

Get the peace of mind that you deserve. First, attend a seminar. This will entitle you to a free initial consultation and a discounted estate planning fee. To learn more about our services or sign up for a seminar, contact us online or call us at 866-402-1805. We have offices in Torrance, Orange, Newport Beach, Pasadena and Woodland Hills.

Questions? Contact Us.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Call Now For A Free Consultation: 866-402-1805
  • ${site.data.firmName}${SEMFirmNameAlt}
  • Main Office: Torrance

    Torrance Office
    990 West 190th Street
    Suite 500
    Torrance, CA 90502

    Toll Free: 866-402-1805
    Map & Directions

    Orange Office
    333 City Boulevard Street
    17th Floor
    Orange, CA 92660

    Toll Free: 866-402-1805
    Map & Directions

    Newport Beach Office
    5000 Birch Street
    Suite 8000
    Newport Beach, CA 92660

    Toll Free: 866-402-1805
    Map & Directions

    Pasadena Office
    790 East Colorado Boulevard
    9th Floor
    Pasadena, CA 91101

    Toll Free: 866-402-1805
    Map & Directions

    Woodland Hills Office
    5850 Canoga Avenue
    4th Floor
    Woodland Hills, CA 91367

    Toll Free: 866-402-1805
    Map & Directions

    Office map