If you own real estate, one of the smartest estate planning moves you can make is figuring out how to avoid probate. Probate is the legal process of transferring your assets after you pass away, and while it’s sometimes necessary, it can also be time-consuming, expensive, and public.

Fortunately, there are two simple ways to keep your property out of probate — especially if you live in Washington State.

1. Use a Transfer on Death Deed

A Transfer on Death (TOD) deed is one of the most straightforward ways to ensure your real estate passes directly to your chosen beneficiaries without going through probate.

Here’s how it works:

• You sign and record a TOD deed with your county recorder’s office.

• The deed specifies who should receive the property when you pass away.

• When you die, the designated beneficiary simply records your death certificate — and the property transfers automatically.

Think of a TOD deed as a beneficiary designation for your house. You keep full ownership and control during your lifetime, and the transfer happens smoothly after you’re gone.

Important: Not every state allows Transfer on Death deeds. If you’re outside Washington State, check your state’s laws or talk with an attorney before relying on this option.

2. Create a Revocable Living Trust

The second — and more universally available — way to avoid probate is through a revocable living trust.

With this approach:

1. You create a trust and name yourself as the trustee.

2. You transfer your real estate (and any other assets you choose) into the trust.

3. Because you control the trust during your lifetime, nothing really changes day-to-day.

4. When you pass away, the trust continues to own the property, so no ownership transfer is required — and no probate is triggered.

A living trust not only helps you avoid probate but can also make things smoother for your loved ones. It keeps your affairs private and allows your successor trustee to manage your assets without court supervision.

Why Avoiding Probate Matters

Probate isn’t inherently bad — it’s just slow, public, and sometimes costly. By setting things up properly with a TOD deed or a revocable living trust, you make life much easier for your family and save them unnecessary stress and expense.

Final Thoughts

Avoiding probate for your real estate doesn’t have to be complicated. In Washington State, you can choose between a Transfer on Death deed or a revocable living trust — both excellent options depending on your goals and circumstances.

If you’re not in Washington, be sure to confirm what options are available in your state.

And if you need help with estate planning or want to make sure your property is protected the right way, visit cmslawfirm.com. My team and I specialize in estate planning and probate, and we’d be happy to guide you through the process.