Losing a loved one is hard for those left behind. It’s an emotionally challenging time when everything can feel overwhelming. Sadly, the probate process usually adds a new layer of stress during this time.
Any delays or issues your loved ones might encounter make their grieving period more difficult. Taking steps today to avoid probate is one way you can show your love and care for them after you’re gone.
Fortunately, there are several ways to transfer assets while bypassing probate.
Share ownership of your assets
Joint ownership allows your property to pass directly to the surviving owner when you die. Michigan recognizes two main types of joint ownership:
- Joint tenancy: Allows joint ownership by anyone, regardless of relationship
- Tenancy by the entirety: Only for married couples
When you add someone as a joint owner, they gain immediate access to the asset. This arrangement works well for real estate and vehicles.
Set up payable-on-death accounts
Your bank accounts can transfer automatically to your chosen beneficiary through a payable-on-death designation. These accounts let you maintain complete control of your money during your lifetime. Your beneficiary gains no access to the funds until after your death.
Payable-on-death accounts are mainly for banking or financial accounts. You can this option to avoid probate on checking accounts, savings accounts and certificates of deposit.
Transfer property with a deed
Michigan allows you to record a transfer-on-death deed for real estate. This document names who receives your property after you die. Transfer-on-death deeds are similar to payable-on-death accounts but for real estate.
You retain full ownership rights of the property while living, including the ability to sell or mortgage it. The transfer happens automatically at death without probate involvement.
Planning ahead brings peace of mind
Early estate planning helps protect your family from probate stress and delays. Moreover, this also offers you peace of mind. You can rest assured that your assets will smoothly transfer to your intended beneficiaries.
An experienced estate planning attorney can help you explore different estate planning tools. They can help you put the right strategy in place to help both you and your loved ones.