How to avoid probate: the simplest ways that work

Updated 2026-10-16 · Expert review in progress

The short answer

The simplest way to avoid probate is to make sure each asset already names who gets it. Name beneficiaries on retirement and bank accounts, use a transfer-on-death deed or a funded living trust for the house, and keep the forms current. In Washington, a small probate estate can also be collected by affidavit.

Most people who ask how to avoid probate have watched someone go through it. A friend spent a year on her mother's estate, or a brother is still waiting on a court date. You would like the people you love to skip that part.

The good news is that probate only reaches certain property, and most of it can be arranged ahead of time. This page walks through the simple ways, with Washington's rules as the worked example. For the whole job of settling an estate, see our guide to the executor of an estate.

What does probate actually cover?

Probate covers property in your name only, with no beneficiary and no surviving co-owner. Everything else passes another way. Washington calls these "nonprobate assets."

The statute's list includes survivorship accounts and joint tenancy, payable-on-death and transfer-on-death accounts, transfer-on-death deeds and securities, and IRAs. It also includes a trust that becomes irrevocable at your death, and a community property agreement (RCW 11.02.005). Those go to the named person without a court case.

So avoiding probate is mostly a matter of going through your things one by one. For each, ask: does this already say who gets it?

The simplest ways to avoid probate

1. Name beneficiaries on your accounts

Retirement accounts and many bank and brokerage accounts let you name a beneficiary. In Washington, money in a payable-on-death account goes to the named beneficiary, not to the estate. If several beneficiaries survive, they share equally unless you set another split (RCW 30A.22.100).

This is usually a form from the bank, and it costs nothing. It is the single easiest step on this page.

2. Keep those forms current

A will generally does not change a beneficiary form. In Washington, a will can redirect a nonprobate asset only if it refers to that asset specifically. A general gift of "everything I own" doesn't reach it (RCW 11.11.020).

That means an old form naming a late husband, or a friend you've lost touch with, may still control. Check every form when your life changes, and name a backup beneficiary where the form allows.

3. Use a transfer-on-death deed for the house

Washington lets you sign a deed that passes your home to a named beneficiary at your death. You keep owning and living in it until then. To work, the deed must state that the transfer happens at death and be recorded with the county auditor before you die (RCW 64.80.060).

The capacity needed to sign one is the same as for a will (RCW 64.80.050). A deed sitting unrecorded in a drawer does nothing.

4. Put assets in a living trust

A revocable living trust holds your property while you're alive, and you usually manage it yourself. At your death, a successor trustee you chose hands it out without probate (RCW 11.02.005). One detail matters in Washington: a trust is revocable only if its terms expressly say so (RCW 11.103.030).

A trust also does something beneficiary forms can't. It can be used if you become unable to manage, not only after death. Our post on what a living trust is explains how it works, and will vs trust sets the two side by side.

5. Joint ownership with survivorship

When a joint account has a right of survivorship, the money goes to the surviving owners at a death, not to the estate (RCW 30A.22.100). Married couples often hold accounts this way.

Be careful about adding a grown child or a friend as a joint owner just to skip probate. At your death the money passes to that person, whatever your will says, even if you meant it to be shared. A payable-on-death beneficiary does the same job without adding anyone to the account while you're alive.

6. Use the small estate affidavit if what's left is small

Sometimes a few things are left in your name only. In Washington, if the whole probate estate is worth $100,000 or less after liens, a successor can collect personal property with a sworn affidavit (RCW 11.62.010).

They must wait 40 days after the death and give other successors written notice at least 10 days before. Debts, including funeral costs, must be paid or provided for. The affidavit covers personal property and debts owed to the person, not a house.

Which method fits which asset?

Asset	Simplest way to keep it out of probate	What to watch
IRA or other retirement account	Beneficiary form with the account company	Keep it current; name a backup
Bank or credit union account	Payable-on-death beneficiary	A will can't override it unless it names the account specifically
Brokerage account	Transfer-on-death registration	Same as above
House	Transfer-on-death deed, or deed it to your living trust	Must be recorded before death
Car, household things	Small estate affidavit, or your trust	The $100,000 limit counts the whole probate estate
Everything, in one place	A funded revocable trust	Only works for what is actually moved into it

What avoiding probate doesn't do

It doesn't erase debts. Washington's deadlines for creditors apply to probate and nonprobate assets alike (RCW 11.40.051). Someone still has to pay final bills.

It doesn't remove taxes either. Washington's estate tax applies to estates above $3,000,000 for deaths on or after July 1, 2026, whether or not there is a probate case (Washington Department of Revenue).

And it doesn't remove the work. A successor trustee still has to find the accounts, sell the house and find a good home for the dog. If you are curious what probate itself would involve, our posts on the probate process, step by step and probate fees lay out the stages and the costs.

The most common gap: things left out

The usual reason an estate ends up in probate anyway is a straggler. A trust was signed, but the house was never deeded into it. A new account was opened without a beneficiary.

A pour-over will catches those leftovers and sends them to the trust. They may still pass through probate on the way. A yearly check of your accounts and forms is the simplest fix.

A short checklist

List every account, and note whether it names a beneficiary.
Fill in payable-on-death or transfer-on-death forms where they're missing.
Decide how the house will pass: trust or transfer-on-death deed.
If you have a trust, confirm each asset was actually moved into it.
Name a backup in every role, and on every form that allows one.
Keep the list where the right person can find it.

Someone still has to carry it out

Avoiding probate changes the paperwork, not the need for a person. Your successor trustee is a fiduciary, meaning legally required to act in your interest and follow what you wrote. That person has to be willing, organized and around when the time comes.

Some people name a sister or friend first and a professional as backup. Kinly members can name Trella Trust Company, a Washington State chartered trust company, as trustee or executor, first or behind someone they choose. Our guide to choosing professional help compares the options.

Common questions

What is the simplest way to avoid probate?

Name a beneficiary on every account that allows one, and keep the forms current. Then decide how your house will pass, either through a transfer-on-death deed or a funded living trust. Those steps keep most assets out of court.

Does a will avoid probate?

No. A will goes through probate; it tells the court who gets the property in your name only. A will also generally doesn't change a beneficiary form, unless it refers to that specific asset.

Do you need a trust to avoid probate in Washington?

Not always. Beneficiary forms, payable-on-death accounts and a transfer-on-death deed can keep many estates out of probate without a trust. A trust adds a way for someone to manage your property if you become unable to, not only after death.

What is the small estate limit in Washington?

$100,000, counting the whole probate estate after liens. A successor can use an affidavit to collect personal property 40 days after the death, after giving other successors notice at least 10 days before. It does not cover a house.

Can a transfer-on-death deed be used in Washington?

Yes. The deed must say the transfer happens at your death and must be recorded with the county auditor before you die. You keep owning the home until then.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

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