Sharon Ravenscroft Estate Planning Blog
Three ways to avoid Probate for Real Estate
Would you like to avoid the probate court process, upon your death, with your home or other Arizona real estate? This can be done by (1) deeding the property to your revocable trust; (2)recording a beneficiary deed and listing your beneficiaries; or (3) titling the property as joint tenants with right of survivorship or community property with right of survivorship. With a trust, the trustee can execute a deed to your beneficiaries upon your death. With the beneficiary deed or "right of survivorship" deeds, the beneficiaries simply record your death certificate to vest title. Be careful though, with the "right of survivorship" deeds, the other tenant has immediate ownership interest and the tenant's creditors can reach the property. Thus, if you really do not own the property with someone else, use the trust or beneficiary deed.