How To Avoid Probate Court In Louisville

Dealing with probate can be a long and frustrating process. In our latest post, learn how to avoid probate court in Louisville!

Nobody wants to have to go through the probate process, especially if they plan to sell the inherited property once their loved ones have passed. By planning ahead, people are able to avoid probate, giving their families the peace of mind they need when dealing with a sad and difficult situation.

Why Avoid Probate?

There are a number of reasons why people want to avoid probate in Louisville. First of all, there are the fees. Attorney fees, appraisal fees, court costs, and executor fees can all add up fast Oftentimes, the executor will waive their fee in an effort to maintain fairness amongst the family. In addition, the probate process can often be very time-consuming. All of the assets and heirs will need to be accounted for, with proper notice being provided. Debts will need to be paid and settled before any inheritances are passed on to the beneficiaries. All in all, going through the probate process isn’t something anyone wants to deal with if they don’t have to.

Using A Trust

A person can set up a trust to ensure their assets will not be subject to the probate process. By setting up a revocable living trust a person can ensure items contained therein will not be subject to the probate process. The trust will need to be set up while the person is of sound mind and able to decide for themselves what will go into the trust. The trust can be thought of like a bucket, all assets the individual wants to place in the trust will then be set aside and managed accordingly.

Joint Ownership and Beneficiary Designations Make a Difference

When a person buys a home with someone else, they can enter a joint ownership agreement. With the right of survivorship. the property is passed to the surviving owner, without having to go through the probate process. It’s important to set this up when purchasing a property as adding someone to the deed after the fact may cost money.

Joint Ownership is a straightforward strategy that helps in avoiding probate. When a property is bought under joint ownership, in case of death, the right of survivorship ensures that the property is seamlessly passed on to the surviving owner. An important point to note here is – this agreement should ideally be set at the time of property purchase.

Beneficiary Designations: Assigning a beneficiary while setting up bank accounts or life insurance policies is another key step toward avoiding probate. Some states even allow transfer-on-death certificates for owned properties, facilitating the transfer of property after death without the need for probate.

Beneficiary Designations

Many times when setting up a bank account or life insurance policy, you will assign a beneficiary. By doing this, these items will not be subject to the probate process. A few states will allow you to create a transfer-on-death certificate for real estate you own, transferring the property after you die. Be sure that you keep your beneficiary designations up to date. Many people fail to make these changes after a divorce or after someone passes. This can lead to your ex getting everything or the asset having to go through the probate process.

Giving Inheritance Away

Before you die, you can consciously “give away” the majority of your assets to family members or other beneficiaries. If you don’t own the asset when you pass away, it won’t have to go through the probate process. Many assets, specifically items worth 11k or less can be given away without any federal tax penalty. You can gift a person this amount once per year and in doing so, you can significantly reduce the value of your assets that go through the probate process.

Avoiding Probate for Smaller Estates

In certain states, it can be easier to avoid probate if the person passing away has only a small estate. To be considered small, the amount of the estate will vary based on where you live.

It can be very beneficial for heirs to avoid the probate process in Louisville. Between the fees, costs, and stress, the process can be daunting and overwhelming. If you want to learn more about how to avoid probate in Louisville, reach out to us today!

Looking to learn more? Contact us to see how to avoid probate court in Louisville! (502) 461-1450

FAQ Section

• What is Probate and why is it bad?
  Probate is a legal process that verifies the validity of a deceased person’s will. The main disadvantages are the substantial costs, time, and efforts associated with it.  

• How can I avoid probate?
  You can avoid probate by setting up a trust, establishing joint ownerships, assigning beneficiaries, or gifting away your assets before death.

• Is it possible to avoid probate for estates of smaller value?
  Yes, in certain states, it’s easier to avoid probate if the value of the deceased’s estate is small. The threshold for what is considered ‘small’ will depend on individual state laws. 

• Are there any tax penalties for gifting away assets?
  You can gift away items worth $11k or less without attracting any federal tax penalty. You can do this once every year, which can significantly trim down the value of assets that have to go through probate.