07/21/2026
Are you handling an inheritance? How Probate Works: A Flowchart
🧱 At death, every asset takes one of three paths, set by how it is titled and whether instructions exist.
Direct transfer tools keep assets out of probate entirely: beneficiary designations, joint ownership with right of survivorship, TOD/POD designations, and a funded revocable trust all pass automatically.
A pour-over will is the safety net for a trust-based plan, but it does not avoid probate; it routes assets the trust missed into it at the end of the process, so the plan still controls who inherits.
TOD deeds for real estate are available in 32 states and DC.
Lady Bird deeds, recognized in Florida, Michigan, Texas, Vermont, and West Virginia, avoid probate and also shield the home from Medicaid estate recovery.
Small estate affidavits simplify probate below state thresholds, and those thresholds vary widely: California's limit jumps to $239,700 on April 1, 2026, while Maine's is $52,500.
With no valid will, none of this applies, and state intestacy law decides the heirs through a court-appointed administrator.
Which of these tools is already in place for your own estate?
*The content shared here is for educational and informational purposes only. It is not personalized investment, tax, legal, or financial advice. Consult a licensed professional before making decisions based on your specific situation.*
