Probate is a legal process by which a deceased person's estate is settled. It involves multiple steps, including verifying the will, paying the estate's debts, and overseeing the distribution of assets. In some cases, probate can be a lengthy and costly experience. However, there are ways to avoid it or at least minimize its duration and expense.

How to Avoid Probate in Alabama

1. Set Up a Living Trust

A living trust is an estate planning arrangement in which the trustor places ownership of specific property into the trust itself while he or she is still living. Then, upon their death, the trust transfers to the designated beneficiary without having to go through probate.

You can set up a living trust as an alternative to a will or in addition to one. Bear in mind that all wills must go through probate, regardless of whether or not there is a living trust in the larger estate plan.

2. Own Property Jointly

Alabama has a form of joint property ownership called joint tenancy. This allows you and a partner—you don't need to be married—to own a piece of property together. Both of you must own an equal share of the asset.

Upon your death, the surviving partner has an automatic right of survivorship, which means that they receive full ownership of the property without the involvement of the probate courts. Joint tenancy is an option for real estate, vehicles, financial accounts, and other valuables.

3. Designate Savings & Retirement Account Beneficiaries

Residents of Alabama can stipulate that their savings and retirement accounts are payable-upon-death to their stated beneficiaries. The beneficiary has no access to the funds while the account holder is still living. After the account holder's death, the beneficiary can claim the money in the account, and no documentation or funds need to be probated for this to happen.

For assistance making any of the above arrangements, contact an estate planning attorney at Lee, Livingston Lee, Nichols & Barron, P.C. Since 1948, they have been representing clients throughout Dothan, AL, and the Houston County region. They also offer legal services in personal injury cases, real estate transactions, and family law cases. Call (334) 792-4156 or visit their website to schedule a consultation.