Probate Avoidance Plan
A Probate Avoidance Plan is based upon registration of assets in beneficiary form as the method for post-death distribution of property. It is designed to transfer all property to heirs without a living trust or probate court proceedings. A Probate Avoidance Plan is generally suitable for single persons or married couples who meet all of the following criteria:
- Have no children or all adult children
- Desire to avoid probate costs for their heirs
- Do not need a living trust to meet estate planning objectives
- Own residential real estate
A Probate Avoidance Plan is a low cost way for deceased person's heirs to avoid probate. This type of plan includes the following elements:
- Consultation with Attorney
- Last Will and Testament
- Power of Attorney
- Health Care Directive
- Warranty Deed to Avoid Probate for Residential Real Estate
- Filing of Deed with Register of Deeds
- Filing of Property Transfer Affidavit with Local Tax Assessor
- Transfer-on-Death Registration for Closely Held Businesses
- Guide to Avoid Probate in Michigan (with fillable forms)



