Probate can be a long and expensive legal process that delays the transfer of assets to family members after someone passes away. While probate is meant to settle debts and distribute property legally, many families find that it causes unnecessary stress during an already difficult time. Our Orange, CA estate planning lawyer knows that when someone owns large assets—like homes, investment accounts, or even vehicles such as construction trucks or business equipment—the probate process can be even more time-consuming and cause disputes. Fortunately, there are practical steps we can take now to help our loved ones avoid probate and receive their benefits faster. Our firm has decades of experience, so don’t hesitate to reach out to us for help.
One of the most reliable ways to avoid probate is by creating a living trust. When we transfer ownership of our assets into a trust, we still have control over them while we’re alive. After we pass, the person we named as the successor trustee can transfer those assets directly to our chosen beneficiaries—without going through court. This works well for homes, bank accounts, and even business property. It’s a good option for anyone who wants more control and privacy.
Some assets don’t need to go through probate if we’ve already named a beneficiary. Life insurance policies, retirement accounts like IRAs or 401(k)s, and certain financial accounts can pass directly to the person listed. It’s important to review and update these designations regularly—especially after major life events like a divorce, birth, or death in the family. A missing or outdated name can delay things or even send the money to the wrong person.
Joint ownership with rights of survivorship is another way to keep property out of probate. When two people co-own property this way, the surviving owner automatically receives the full interest after one passes away. This approach is often used for real estate, bank accounts, and vehicles. However, it’s important to choose joint owners carefully. Adding someone to a deed or account can affect taxes, legal liability, and eligibility for certain programs.
Most banks and financial institutions offer POD or TOD forms for accounts and securities. When we complete these forms, we’re telling the institution who should receive the account after we die. Like beneficiary designations, these transfers happen automatically and are not subject to probate. It’s a simple and affordable way to keep cash and investments accessible to loved ones.
Avoiding probate with a lawyer isn’t just about setting things up once and forgetting about them. We recommend reviewing your estate plan every few years or when something major changes in your life. That way, everything stays current, and we can avoid surprises or gaps that force part of the estate into probate.
Founded in 2011, our team at Katje Law Group is here to help individuals and families plan ahead so their wishes are carried out and their loved ones don’t face unnecessary delays. If avoiding probate is a priority for you, we’re here to walk through your options and help you put a solid plan in place. A few steps now can save your family months of waiting and reduce legal expenses later.
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Ms. Katje earned her Juris Doctorate at California Western School of Law, San Diego, California, graduated Cum Laude and was a Dean’s Honor List recipient. She was also a recipient of the American Jurisprudence Award in Contracts I and Contracts II. Ms. Katje was a member of the Law Review and International Law Journal at California Western School Law, where she was an Associate Editor.
