Starting and finishing an estate plan will not only provide peace of mind but also save your heirs from the stress and expense of going through the probate process. This is especially true if your plan is to bequeath the family home to loved ones, says a recent article from Cleveland Jewish News, “Estate planning simplifies inheriting a home.”
If no estate planning is done, the amount of time and paperwork to pass the home to a family member can become overwhelming. Planned correctly, the transition is far more efficient and less costly.
There are a few different ways that this can be accomplished. An estate planning attorney will know the best way for your unique situation. For instance, if you own the home with a spouse, typically Jointly With Rights of Survivorship (JWROS), each owner has an undivided interest in the house. The surviving spouse will follow the rules in their jurisdiction. This usually requires filing a document with the county recorder’s office with an affidavit of survivor and death certificate, and the interest of the decedent will pass to the surviving tenant.
If two or more people own the home together but not JWROS, when one of the owners dies, their interest in the house will need to go through probate. This can get sticky, especially if their heirs have a different plan for their share of the house than the other person or persons who own the home. This is a common estate planning disaster, often leading to litigation.
Another way to protect the inheritance of a home is to have a Transfer-on-Death (TOD) designation affidavit. The owner can sign the document, and the house ownership will be transferred upon their death without going through probate. If you have a straightforward estate plan, ask your estate planning attorney if this option is permitted in your jurisdiction.
If you have a more complicated estate, significant wealth, minor children, or adult children with disabilities, it’s time to discuss trusts with your estate planning attorney.
If a trust is used, the deed for the home must be retitled so the trust owns the home. Upon the death of the original owner, the home is dealt with in accordance with the provisions of the trust.
These are just a few ways home ownership can be transferred to another person and remain outside of probate. Estate planning is a highly personal process, where many factors need to be taken into consideration before the best solution can be determined.
To find the best solution for your own situation, meet with an experienced estate planning attorney in your community. They’ll be able to prepare an estate plan to achieve your wishes for the future, protect your family and give you the peace of mind of knowing you’ve taken care of those you love.
To learn more about estate planning in the East Valley, Gilbert, Mesa and Queen Creek, schedule your free consultation with Attorney Jake Carlson by using one of the links above.
Reference: Cleveland Jewish News (March 25, 2025) “Estate planning simplifies inheriting a home”