On Behalf of Butler Law Group LLC | Sep 4, 2025 | Estate Planning
As you look back on your life, you might wonder about how you can pass on and leave your assets to your family through the quickest route possible. Although your will can legally protect their inheritance after you die, your estate’s distribution process may take too long and turn costly.
In this blog, we will discuss the key aspects of probate and share three tips on how you can avoid it.
What is probate?
When you pass away, your estate goes through a legal process of distribution, also known as probate. This procedure begins in a probate court, where your will is authenticated and your executor gets formally appointed to oversee the distribution of your estate according to your final wishes.
However, if you pass away without a will, the court may nominate one of your family members or a lawyer to become your estate’s executor.
How long does probate take?
Although each probate case and outcome are unique, the process will usually take several months to complete. The duration of your probate can also depend on your estate’s size, number of heirs, complexity of assets and debts, creditors’ claim amounts, and state and federal tax processes.
How can I avoid probate?
With careful planning of your estate, you can help your loved ones cope with their griefs more privately and minimize any burden that may come from stressful legal proceedings. Here are three ways you can avoid probate:
Create a living trust
When you create a revocable living trust, you can directly transfer ownership of your assets to your chosen beneficiaries after you pass away. You can add any personal property, bank account or real estate to your living trust and maintain full ownership of them while you are still alive.
You can also keep the details of your trust in private, unlike probate proceedings where your estate’s value and other sensitive information become accessible to the public upon your death.
Gift your assets
Another method of avoiding probate is by gifting your assets while you are still alive. When you pass your assets as gifts to your heirs, the assets are removed from your estate. In Missouri, as long as your annual gifts amount to $19,000 (or lower) per recipient, it becomes excluded from federal gift tax.
It is important to note that the gifting amount limit is determined by the IRS on a yearly basis. This means that if your gifts for the year 2025 have exceeded the $19,000 limit per recipient, you will need to report it to the IRS.
Use Transfer on Death (TOD) deeds
Depending on which state you reside, a valid TOD deed allows real estate owners to designate the heirs who will automatically inherit their property and its interest after they die. In Missouri, this deed is also known as a beneficiary deed.
This legal document enables you to retain full ownership of your real estate property during your lifetime and protect your rights in case one of your beneficiaries try to rent or sell your property while you are still alive.
Careful planning can safeguard your future
When you consider working on your estate planning early in life, you help shield your assets from probate and ensure that no matter what happens to you, your loved ones will be taken care of.