Simple Ways to Avoid Probate

Probate, on average, takes over a year and costs up to 7% of an estate's value. 

Probate is time-consuming, expensive, and stressful—especially for grieving families. The good news? You can take a few simple steps today to help your loved ones avoid it. Here are four easy, effective ways to skip probate and ensure your assets go exactly where you want them to.

Name Beneficiaries on Accounts

Many accounts let you assign a “Payable on Death (POD)” or “Transfer on Death (TOD)” beneficiary, which means the money goes directly to that person—no court required.

Accounts You Can Add Beneficiaries To

  • Bank accounts – add a "Payable on Death (POD)" beneficiary

  • Brokerage & investment accounts – add a "Transfer on Death (TOD)" beneficiary

  • Retirement accounts – 401(k), IRA, etc. (beneficiaries often set at account opening)

  • Life insurance policies

  • HSAs and some annuities

⏱ It takes 5–20 minutes per account to update this—and it’s one of the easiest estate planning steps you can take today. Go add one beneficiary to one account now. You will feel great pride once you have that small win complete.

Use Transfer-on-Death Deeds (TOD Deeds)

What a TOD Deed Does

Why people love it

  • It saves families the time, cost, and stress of probate. The property goes directly to your chosen person, bypassing lengthy legal processes and reducing hassle after a death.

  • Simple and Cost-Efficient: A TOD deed is often easier and cheaper to set up than a trust.

Important to Know

  • The beneficiary must record a form and death certificate within 9 months after your death, or else the property could go back into probate.

Good news: TOD deeds are available in 31 U.S. states plus Washington, D.C. - See complete list here.

Create a Revocable Living Trust

Put your assets in a trust while you're alive. When you die, the assets pass directly to your chosen beneficiaries—no court involved.

A living trust lets you move your assets into a legal structure while you’re alive. You’re in charge as trustee—and you name someone to take over when needed.

Why people love it:

  • Skips probate entirely

  • Keeps your wishes private

  • Works even if you become incapacitated

  • Let's you update anytime

Just remember: you need to fund the trust by retitling your assets. A trust without assets won’t protect anything.

It costs more than a will up front, but it saves money, time, and stress later. Think of it as the estate planning shortcut your future self (and your family) will thank you for.

Give It Away While You're Alive

You can gift up to $18,000 per person (2024) without triggering taxes—and those gifts won’t go through probate later. If you hate holiday gift shopping this could be a creative alternative for your gift list this year.

Bottom Line on Avoiding Probate

You don’t need a six-figure estate or a complicated legal team to protect your loved ones. Small steps now—like naming beneficiaries or setting up a TOD deed—can make a world of difference later.

Need help getting started? Explore more guides on Good Grief’s blog.

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