Probate laws are in place in order to authenticate the terms of a deceased person's will and oversee the efficient administration and distribution of their assets. The process, however, is complex, lengthy, and costly, and those who are designing their estate planning arrangements are often interested in legal ways to avoid this process. Below are a few tips for circumventing probate laws and ensuring aspects of your estate are handled without the interference of probate courts.

Establish a Revocable Living Trust

With a revocable living trust, you transfer your ownership of certain property to the trust itself. The terms of the trust are enacted while you are still living—hence the name—but they can be changed or revoked whenever you wish. Then, upon your death, ownership passes to the beneficiary you've named. This transfer happens without the involvement of the courts, and the process is generally smooth and without incident.

Designate Beneficiaries for Retirement Savings Accounts

Specific types of retirement savings accounts are not subject to probate laws, so these funds can pass directly to the designated beneficiaries after your death. 401(k)s and IRAs, for instance, are two of the most common retirement savings plans that people utilize to avoid probate. Be sure, however, to keep all beneficiary designations up to date; for instance, if you leave a 401(k) to a spouse who predeceases you, the account could end up in probate.

Set Up Joint Ownership of Property

Another way to avert probate is to set up joint ownership of property. With this option, the property automatically goes to the other owner upon your death, making probate unnecessary. This method is typically pursued by couples, regardless of marriage status, who have acquired property together throughout the course of their relationship.

The above alternatives are all perfectly lawful ways to avoid probate while also making certain your estate and assets are distributed in the ways you intended. Let estate and probate law attorney David Schmidt of Woodlawn Law Offices help you draw up the documents that best protect your legacy. For over 25 years, he has served St. Charles County, MO, in several legal practice areas, including estate planning, workers' compensation cases, and personal injuries. To schedule a consultation, call (636) 240-6667 or visit his website.