How to Avoid Probate and Preserve Your Family’s Assets

Introduction: Why Avoiding Probate Matters

When a loved one passes away, families often face emotional stress and legal hurdles. One of the biggest challenges? Probate. Avoiding probate isn’t just about legal paperwork—it’s about protecting your loved ones from delays, court fees, and confusion. By planning ahead, you can preserve your family’s assets and ensure your legacy passes smoothly to the next generation.

At B’resheet, we believe every family deserves peace of mind. Let’s walk through how you can make that happen.

What Is Probate?

Probate is the legal process of transferring someone’s assets after they die. The court:

Verifies the will (if there is one)
Appoints an executor
Pays off debts
Distributes remaining assets

This process can take months or even years, costing your family time and money. It’s also public, which means anyone can see the details of your estate.

Why You Should Avoid Probate

1. Save Time and Money

Probate can eat up 3% to 7% of your estate in legal fees. That’s money your family could use for housing, education, or emergencies.

2. Keep Your Affairs Private

Probate is a public court process. Avoiding it means your financial details stay private.

3. Reduce Stress on Loved Ones

Planning now prevents confusion and arguments later, helping your family focus on healing, not legal battles.

Smart Ways to Avoid Probate

1. Create a Revocable Living Trust

A revocable living trust lets you move your assets into a trust while you’re alive. You control the trust and name a trustee to manage it after you pass.

2. Name Beneficiaries on Accounts

Bank accounts, retirement plans, and life insurance policies often let you name a beneficiary. These assets go directly to them—no court needed.

3. Use Transfer-on-Death (TOD) or Payable-on-Death (POD) Designations

You can name someone to automatically inherit your:

Vehicle (TOD title)
Bank account (POD account)
Investment accounts

Check with your bank or state DMV to set this up.

4. Own Property Jointly with Right of Survivorship

If you co-own a home or account with someone, it may pass to them automatically when you die, especially if the ownership includes “right of survivorship.”

Take the Next Step: Protect Your Legacy Today

You don’t need to be wealthy to make a plan. You just need to start. B’resheet is here to guide you every step of the way.

📞 Contact us for a free estate planning session or
📥 Download our “Legacy Planning Starter Kit”

Frequently Asked Questions

What assets go through probate?

Assets without a named beneficiary or those not held in a trust typically go through probate. This includes:

Solely owned real estate
Personal property like cars, jewelry, and furniture
Bank accounts without a POD designation

Can I avoid probate without a lawyer?

Yes, many tools like trusts, POD accounts, and joint ownership are easy to set up. But talking to an estate planner can help you avoid mistakes.

Does a will avoid probate?

No. A will still goes through probate. To fully avoid court, you need additional tools like a trust or beneficiary designations.

How do I start estate planning?

Begin with an inventory of your assets. Then, decide who you trust to manage them. Check out our guide on Estate Planning Basics for Families.

What happens if someone dies without a will?

The court decides who inherits, based on your state’s laws. This can leave out people you love.

Is a handwritten will valid?

Some states accept handwritten (holographic) wills, but they must meet strict rules. It’s safer to write a legally binding will with help.

What’s the best age to start estate planning?

It’s never too early. Young adults with savings or children should start basic planning right away.