Set Up a Living Trust
A revocable living trust is one of the easiest ways to avoid probate. You transfer your assets into the trust but keep control as the trustee. When you pass away, a successor trustee takes over and distributes the assets as you planned—no court required. This keeps your estate private and saves time and money.
Name Beneficiaries on Accounts
Certain financial assets let you name a beneficiary, which means they transfer automatically when you die. These include:
- Bank accounts with payable-on-death (POD) designations
- Retirement accounts (401(k), IRA)
- Life insurance policies
- Investment accounts with transfer-on-death (TOD) designations
By using beneficiary designations, these assets go straight to your heirs, skipping probate altogether.
Joint Ownership with Right of Survivorship
Owning property with someone else can help keep it out of probate. In Utah, these options allow automatic transfer to the surviving owner:
- Joint tenancy with right of survivorship – Common for real estate and financial accounts.
Joint ownership can be helpful, but make sure it fits into your overall estate plan.
Small Estate Affidavit
If an estate is worth $100,000 or less and doesn’t include real estate, heirs can use a small estate affidavit to claim assets without going to probate court. This process is simple, fast, and avoids unnecessary legal fees.
Why Avoid Probate?
Skipping probate makes life easier for your loved ones. Here’s why:
- Time-consuming – It often takes months or even years to settle an estate.
- Expensive – Court fees, attorney costs, and other expenses can reduce the value of the estate.
- Public – Probate records are accessible to the public, limiting privacy.
By implementing these strategies, you can help ensure a smoother, faster, and more cost-effective transfer of assets to your loved ones.
Final Thoughts
Avoiding probate isn’t complicated, but it does take planning. Whether it’s a living trust, beneficiary designations, or joint ownership, these simple steps can save your family time, money, and stress. To ensure everything is set up correctly, talk to an estate planning attorney who can tailor a plan to your needs.
For personalized estate planning guidance, contact a qualified attorney to ensure your wishes are honored and your assets are protected.