Completing an estate plan doesn’t just offer peace of mind—it can also spare your loved ones from the financial and emotional burden of probate. This is especially important if your goal is to pass down the family home. As Cleveland Jewish News explains in “Estate planning simplifies inheriting a home,” a properly prepared plan can make all the difference in how smoothly that transition happens.
Here are several strategies that can help ensure your home stays with your loved ones—without unnecessary complications:
Joint Ownership with Rights of Survivorship (JWROS)
If you own the home with a spouse or another person as joint tenants with rights of survivorship, the surviving owner usually inherits full ownership automatically. They’ll typically need to file a death certificate and an affidavit with the county recorder’s office to complete the transfer. This method helps avoid probate entirely.
Tenants in Common Without an Estate Plan
Problems arise when two or more people own a home without JWROS. In that case, when one co-owner passes away, their share of the home must go through probate. If their heirs don’t agree with the other co-owners, it can lead to delays, disagreements—or even litigation. Estate planning helps avoid this scenario by clearly outlining who should inherit what.
Transfer-on-Death (TOD) Deeds
A Transfer-on-Death designation allows you to name a beneficiary for your home, similar to a retirement account. When you pass away, the home transfers directly to the beneficiary without going through probate. It’s a simple, cost-effective solution for families with straightforward estates—but it’s not available in every state, so ask your attorney if this option applies to you.
Using a Trust to Hold Real Estate
Trusts are a smart option for more complex estates. When a home is transferred into a revocable living trust, it’s no longer titled in your name. Upon your death, the trust outlines who inherits the property—again, without needing to go through probate. This can be especially useful if you:
Just remember: to use this option effectively, your home must be retitled in the name of the trust.
The Bottom Line: Start Planning Sooner Than Later
Every estate is unique, and how your home is passed down should reflect your personal goals and family dynamic. An experienced estate planning attorney can help you find the right solution to keep your legacy—and your loved ones—protected.
At The Werner Law Firm, we understand how emotionally and financially significant the family home can be. Our Frisco estate planning attorneys help clients create thoughtful plans to ensure real estate passes smoothly to loved ones—without the delays, expense, or uncertainty of probate.
If you have any questions, schedule a free appointment with us through our online appointment page.
You can also read reviews from some of the hundreds of clients we have helped over the years.
Reference: Cleveland Jewish News (March 25, 2025) “Estate planning simplifies inheriting a home”
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