How do I Avoid Probate?

Categories: Asset Protection , Estate Planning , Probate

While a last will and testament is an incredibly important starting point, a last will and testament only *controls* the probate process. It does not *eliminate* the probate process. Probate, in a nutshell, is a legal process, open to the public, that can be both very costly and time-consuming. When planning your estate, one crucial aspect to consider is how to protect your assets and spare your loved ones from the burdensome probate process.

At Davis Miles McGuire Gardner, our team of seasoned estate planning attorneys understands the importance of tailored strategies to avoid probate while preserving your wealth and legacy. How can you avoid probate and what methods exist to avoid it? This article unveils the secrets to effective estate planning, empowering you to navigate probate hurdles with ease and peace of mind.

The Power of Living Trusts 

A living trust is a strategic estate planning tool that grants you control over your assets during your lifetime while ensuring a seamless transfer to your chosen beneficiaries after your passing, all why avoiding the unnecessary delays and expenses associated with probate. By placing your assets in a trust, you can avoid probate entirely. Additionally, unlike some of the other non-probate transfer options below, a living trust can provide unique customization related to when and how your beneficiaries would receive their inheritance, all while providing incredible asset protection for those same beneficiaries.

Beneficiary Designations: A Direct Path to Your Heirs 

Streamline the transfer of certain assets by designating beneficiaries directly. Retirement accounts, life insurance policies, and payable-on-death (POD) or transfer-on-death (TOD) accounts can all be assigned to specific beneficiaries, bypassing probate entirely.

Joint Ownership: A Smooth Transition 

Jointly owning property with rights of survivorship (JTWROS) or community property with rights of survivorship (CPWROS) allows your property to pass directly to the surviving owner without probate interference. Carefully consider this option to align with your estate planning goals.

Gifting Strategies: Reducing Estate Size 

Reduce the size of your estate subject to probate by making lifetime gifts to your beneficiaries. Leveraging annual gift tax exclusions and lifetime gift tax exemptions provides you with tax-efficient gifting opportunities.

Small Estate Affidavits: Simplifying the Process 

If your estate falls below a certain value threshold, you may qualify for a simplified probate process or a small estate affidavit, significantly reducing the time and effort involved in the asset transfer process.


With effective estate planning strategies, avoiding probate is within reach, and Davis Miles McGuire Gardner is here to help you secure your estate’s future. From living trusts to beneficiary designations to gifting, our experienced estate planning attorneys will guide you through the maze of probate and ensure your legacy is protected. Let our experience empower you to navigate the complexities with confidence and lay the groundwork for a seamless transfer of assets to your beneficiaries. Call us today at 480-733-6800 to start protecting your legacy.