Probate is the state’s default process for handling assets that are not controlled by title or contract. While the court system does its best, going through probate is no one’s idea of a great time. Thoughtful estate planning can minimize or entirely avoid probate while also honoring your wishes and what is best for your family.
Establish a revocable living trust. These trusts are legal entities used to hold assets while you’re living and pass them on to beneficiaries when you have died. Unlike wills, which only control the assets that must pass through probate, trusts transfer wealth quickly and privately. Revocable living trusts can be amended at any time the grantor wishes, providing a great deal of flexibility. Trusts generally provide the most complete coverage for a wide range of assets and life situations
Name beneficiaries on accounts prudently. Most people own accounts that allow for beneficiary designations. These are typically life insurance policies, investment accounts, or accounts with Transfer On Death (TOD) or Pay On Death (POD) designations. These accounts pass outside the probate estate and go directly to the named beneficiaries. Be sure those names are up to date, since beneficiary designations supersede any provisions in the will. Beneficiary designations must be used carefully for each type of account, as they can have serious tax and distribution consequences.
Use proper legal structures for property ownership. Joint ownership with right of survivorship allows the surviving owner to take title to the property outright upon the first owner’s death. Talk with your estate planning attorney about how this affects taxes or liability exposure. For blended families or businesses, additional planning may be needed to pass the assets on to heirs or partners.
Minimize estate taxes through gifting and trusts. You may not need to concern yourself with federal estate taxes if your wealth is under $15,000,000. However, state estate taxes can still take a bite out of inheritances, particularly in Maryland, which is the only state that has both an inheritance tax and an estate tax.
Document intent and update documents regularly. The biggest mistake in estate planning is not having one, while the second biggest is failing to update it. Life changes such as marriages, divorces, births, deaths and moves require updated estate plans.
Estate planning is about thoughtfully stewarding how your assets are distributed, maintaining family privacy and protecting your family’s legacy. Talk with a Downs Law Firm estate planning attorney today to avoid the costs and delays of probate while protecting your family and ensuring that your assets are distributed according to your wishes, not the state’s.
Reference: Forbes (Dec. 16, 2025) “How To Avoid Probate And Protect Assets”