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Avoiding Probate in Your State
| States | Living trusts | Joint Ownership | Payable-On-Death” (POD) | Transfer-on-Death Deeds for Real Estate | Transfer-on-Death Registration for Vehicles | Transfer-On-Death (TOD) Registration for Securities |
| You need to create a trust document (it’s similar to a will), naming someone to take over as trustee after your death (called a successor trustee). | You own property jointly with someone else, and this ownership includes the “right of survivorship,” then the surviving owner automatically owns the property when the other owner dies. | Designation to bank accounts such as savings accounts or certificates of deposit. You still control all the money in the account at your death, the beneficiary can claim the money directly from the bank, without probate court proceedings. | These deeds are also called beneficiary deeds. You sign and record the deed now, but you can revoke the deed or sell the property at any time; the beneficiary you name on the deed has no rights until your death. | If you register your vehicle this way, the
beneficiary you name will automatically inherit the vehicle after your
death. No probate court proceeding will be necessary.
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If you register an account in TOD (also called beneficiary) form, the beneficiary you name will inherit the account automatically at your death. The beneficiary will deal directly with the brokerage company to transfer the account. | |
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| States | Living trusts | Joint Ownership | Payable-On-Death” (POD) | Transfer-on-Death Deeds for Real Estate | Transfer-on-Death Registration for Vehicles | Transfer-On-Death (TOD) Registration for Securities |
| You need to create a trust document (it’s similar to a will), naming someone to take over as trustee after your death (called a successor trustee). | You own property jointly with someone else, and this ownership includes the “right of survivorship,” then the surviving owner automatically owns the property when the other owner dies. | Designation to bank accounts such as savings accounts or certificates of deposit. You still control all the money in the account at your death, the beneficiary can claim the money directly from the bank, without probate court proceedings. | These deeds are also called beneficiary deeds. You sign and record the deed now, but you can revoke the deed or sell the property at any time; the beneficiary you name on the deed has no rights until your death. | If you register your vehicle this way, the
beneficiary you name will automatically inherit the vehicle after your
death. No probate court proceeding will be necessary.
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If you register an account in TOD (also called beneficiary) form, the beneficiary you name will inherit the account automatically at your death. The beneficiary will deal directly with the brokerage company to transfer the account. | |
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-No information about Louisiana's estate planning laws because Louisiana based its laws on the Napoleonic code, while the other states based their laws on English common law.
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