Here are some estate planning tools and techniques you can use to avoid probate in Washington.

Probate court proceedings (the process through which a deceased person's assets are transferred to the people who inherit them) can be long, costly, and confusing. It's no wonder so many people take steps to spare their families the hassle. Different states, however, offer different ways to avoid probate. Here are your options in Washington.

REVOCABLE LIVING TRUSTS. In Washington, you can make a Revocable Living Trust to avoid probate for virtually any asset you own--real estate, bank accounts, vehicles, and so on. You need to create a Trust Agreement (it's similar to a Will), naming someone to take over as Trustee after your death. Then--and this is crucial--you must transfer ownership of your property to yourself as the Trustee of the Trust. Once all that's done, the property will be controlled by the terms of the Trust. At your death, your successor Trustee will be able to transfer it to the Trust beneficiaries without probate court proceedings.

JOINT OWNERSHIP. If 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. No probate will be necessary to transfer the property, although of course it will take some paperwork to show that title to the property is held solely by the surviving owner.

In Washington, you and co-owners can hold assets in joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts, or other valuable property together. Each owner, called a joint tenant, must own an equal share.

COMMUNITY PROPERTY AGREEMENTS. Many married couples in Washington create and sign community property agreements. This agreement between spouses typically provides that when one spouse dies, their property is immediately converted to community property and passes to the surviving spouse. Under Washington law, community property left through a community property agreement can be transferred to the survivor without probate.

PAYABLE-ON-DEATH DESIGNATIONS FOR BANK ACCOUNTS. In Washington, you can add a "payable-on-death" (POD) designation to bank accounts such as savings accounts or certificates of deposit. You still control all the money in the account--your POD beneficiary has no rights to the money, and you can spend it all if you want. At your death, the beneficiary can claim the money directly from the bank without probate court proceedings.

TRANSFER-ON-DEATH REGISTRATION FOR SECURITIES. Washington lets you register stocks and bonds in transfer-on-death (TOD) form. People commonly hold brokerage accounts this way. If you register an account in TOD (also called beneficiary) form, the beneficiary you name will inherit the account automatically at your death. No probate court proceedings will be necessary; the beneficiary will deal directly with the brokerage company to transfer the account.

TRANSFER ON DEATH DEEDS FOR REAL ESTATE. As of June 2014, Washington allows you to leave real estate with transfer on death deeds (TODDs), also called beneficiary deeds. You sign and record the deed now, but it doesn't take effect until your death. 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.

TRANSFER ON DEATH REGISTRATION FOR VEHICLES. Washington does not allow transfer-on-death registration of vehicles, but the Washington Department of Licensing does provide a simple form to transfer a vehicle's title by inheritance.

SIMPLIFIED PROBATE PROCEEDINGS. Even if you don't do any planning to avoid probate, your estate may qualify for Washington's simplified "small estate" probate procedures if the entire value of your estate is less than $100,000 and does not include any real estate.

Probate avoidance techniques have become a much bigger deal here in Washington since COVID. If you have questions about this or any other legal matter, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.