Avoid Probate on your Home with a Beneficiary Deed - montana 2025

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One common method is to create a revocable trust. A revocable trust allows you to maintain control of your property during your life, and decide how the property is distributed after death, without needing to go through probate court.
Naming beneficiaries to bank accounts and other assets is a tactic that is commonly used for avoiding probate in California and throughout the United States.
Unlike an estate tax, beneficiaries pay the inheritance tax. It is usually due shortly after the beneficiary receives funds. Fortunately, only a handful of states still collect an inheritance tax. Those states with a tax have a relatively high exclusion amount before taxes are due.
In general, probate can be avoided by establishing: A joint bank account with right of survivorship; Payable on death (POD) accounts; or. Transfer on death (TOD) accounts, which apply to securities such as stocks or bonds.
Even if the decedent owned assets that would otherwise be subject to probate, no probate is necessary if the total value of these assets (less liens and encumbrances) does not exceed $100,000. Thirty days after a decedent dies, any devisee or heir may collect personal property, as well as money owed to the decedent.

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Establish a living trust: This is a common way for people with high-value estates to avoid probate. With a living trust, the person writing the trust decides which assets to put into the trust and who will act as trustee.

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