How to Avoid Probate on a House: 6 Proven Methods

Revocable living trust

The owner deeds the house to themselves as trustee of a living trust. On death, the successor trustee distributes per the trust terms — no court involvement. Works in every state. Cost: $1,500–$3,500 to set up properly.

Joint tenancy with right of survivorship

Two or more owners hold title jointly; on the death of one, title passes automatically to the survivor. Cheap and instant — but only delays probate (the survivor's death will still trigger it). Also exposes the property to all owners' creditors.

Transfer-on-death (TOD) deed

Available in roughly 30 states. The owner records a deed naming a beneficiary; ownership transfers automatically at death. Revocable during life. Cheapest probate-avoidance tool for a single house.

Enhanced life estate (Lady Bird) deed

Available in Florida, Michigan, Texas, Vermont, and West Virginia. Owner retains full control during life including the right to sell or revoke; remainder vests automatically at death. Preserves Medicaid eligibility.

LLC ownership

House titled to an LLC; LLC membership interest is a personal-property asset. Combined with a TOD designation on the LLC interest, real estate can pass without probate. More common for investment properties than personal residences.

Small-estate affidavit

For low-value estates only. Thresholds range from $5K to $200K+ depending on state. Some states allow real estate transfer by affidavit; others limit it to personal property.

Frequently asked questions