Klenk Law

Can I avoid Probate in Camden County by using a Transfer-on-death deed for real estate?

Posted on Thu Nov 13, 2014, on Probate and Estate Administration

For some New Jersey estates, spending a little money now to avoid probate with the Camden County Surrogate at death can create a substantial savings for the family. Typical techniques used to avoid probate in New Jersey include Revocable Living Trusts, Jointly Owned Accounts and Payable-on-Death designations on bank accounts and stock accounts.

Some states allow residents to avoid probate by allowing a Transfer-on-Death Deed for real estate. For example, M.S. 507.071 is the Minnesota State statute that spells out how to draft a valid Transfer-on-Death deed for Minnesota property. This statute allows you to own a Minnesota plot of land with a deed that states at your death the ownership of the land immediately transfers into the name of another person or into a trust. Until death, the property remains in your name and under your control.

New Jersey has not yet adopted a Transfer-on-Death deed, so as of 2014/2015 for Camden County residents this is not an option.

Instead, to avoid probate with the Camden County Surrogate deeds can be placed in Joint Tenancy or into a Revocable Living Trust. The advantage of a Joint Tenancy is simplicity, but the negative is that during your lifetime you will have given the other person a part ownership in your property.

A Revocable Living Trust avoids probate, is a bit more complex to implement, but has the advantage of leaving control over the property in your hands during your lifetime.

If you have questions about avoiding Probate in Camden County New Jersey, feel free to contact our office for a free consultation.

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Camden County, New Jersey

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