Do Real Estate Assets Go Through Probate?

March 24, 2022

If you own any kind of real estate, including a home, you should include these in your will because there is a high chance they will pass through probate. There are some options for keeping real estate outside of your probated estate, such as transfer on death deeds, joint ownership or trusts. It is usually less avoidable for valuable possessions. When determining how your beneficiaries could be affected by the transfer of assets, such as real estate, first think about the number of beneficiaries that you intend to name.

If you are naming multiple people as beneficiaries to a piece of real estate, you may need to think about titling complications such as titling each of those to beneficiaries separately or having the property sold and the proceeds divided. Do not forget to think about potential tax and financial implications of passing things on in this way either. Your beneficiaries may have to pay capital gains taxes as part of a possible sale. You can also use tools such as a qualified personal residence trust to protect real estate. This pulls the property outside of your probate estate and helps to avoid federal estate taxes, which will also allow you to continue to live in the residence for a predetermined period of time.

You must outlive the term of the trust, however, to see the tax benefits. You can also name a joint owner on the property now so that it passes directly to the second owner which is allowed via a transfer on death deed. The property then passes immediately to that person who is usually a spouse outside of probate relatively quickly.

 

 


Practice Areas:



Schedule your free Exploratory phone call

Click here to see how we
can be of assistance.

Careers/Open Positions

Explore all available job
listings and become a part of an amazing team.

Payment Portal
for Tax and Accounting invoice

This link offers a secure, quick way to complete your payment with Omni360 Advisors LLC.

Our Social Media

Connect with us on Social Media using the following buttons:

Visit our Podcasts

Listen in, Join the Conversation!

Recent Posts

Should You Prioritize Charitable Giving in 2025 — or Wait Until 2026?

With major tax law changes set to take effect in 2026, now may be the ideal time to evaluate your charitable giving strategy. Learn how ...

<p>The post Should You Prioritize Charitable Giving in 2025 — or Wait Until 2026? first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

New IRS MATH Act Brings Clarity — Why Business Owners & High Net Worth Families Should Care

The IRS MATH Act, signed into law in late 2025, requires the IRS to “show its math” when it flags errors — meaning clearer notices, itemized adjustments, and a 60‑day window ...

<p>The post New IRS MATH Act Brings Clarity — Why Business Owners & High Net Worth Families Should Care first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Strengthen Your Retirement Strategy with a Roth 401(k): Tax-Free Growth for the Future

Discover how a Roth 401(k) can enhance your retirement plan with tax-free growth and flexible distribution options—ideal for high earners and long-term planners. Why a Roth 401(k) Might Be the Missing Piece in Your Retirement Plan When it comes to planning for retirement, diversification isn’t just about what’s in your portfolio—it’s also about ...

<p>The post Strengthen Your Retirement Strategy with a Roth 401(k): Tax-Free Growth for the Future first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>