Probate law is designed to settle an unmanaged estate after a person passes. The passing of a loved one can be an overwhelming, stressful ordeal for family members, which is why afterlife estate planning is essential. Designating how possessions, properties, and assets will be dispersed will help your family experience a smooth transition after you pass.

How to Protect Your Estate From Probate Court

1. Designate All Beneficiaries

Life insurance policies, retirement accounts, and other financial assets can become tied up in probate court if you don’t designate beneficiaries. Sit down with a probate law attorney, and determine who will receive each. Consider college funds for grandchildren, retirement support for a spouse, or compensation to a family member that handles your affairs and health needs. A lawyer will process all of your wishes so that the funds transfer without issue when you pass.

2. Create a Will, Estate Plan, or Trust

Wills, estate plans, and trusts all dictate how possessions are distributed. You can create a living estate or trust to protect possessions from probate court before and after your passing, while a will appoints a legal representative to distribute possessions only upon your passing. Any of these is a viable option, and a probate law attorney will help you decide which is best for your needs.

3. Establish Joint Ownership

If you have a trusted spouse or family member, you can transfer private accounts and property to joint-ownership. When you pass, they’ll take full legal control, and nothing will process through probate court or a distributing attorney. This method is typically used to take care of real estate, large assets, bank accounts, and stocks.

If you need assistance with establishing afterlife documents or navigating probate law, contact the skilled legal team at Hawaii Convey. For over 33 years, this locally owned practice has helped their Oahu clients get their affairs in order, creating trusts and other estate planning documents. Call (808) 792-8777 to schedule a consultation at their Honolulu office, or visit the website to learn more about their services.