Can I Avoid Probate Without Setting Up a Trust?

Clients often ask me: “Can I avoid probate without setting up a trust?” The short answer is—sometimes. In Tennessee, there are a few effective tools like payable-on-death (POD) or transfer-on-death (TOD) designations on bank or investment accounts, and naming beneficiaries on retirement accounts or life insurance policies. You can also hold property jointly with rights of survivorship so it passes directly to the co-owner. These options can work well, but here’s the catch: they only apply to specific assets and don’t create a comprehensive estate plan. For example, in Tennessee, you can’t add beneficiaries to real estate—so if you own a home or rental property in your name alone, it will likely go through probate unless you’ve set up something like a revocable living trust. Plus, if any accounts are missing a proper beneficiary designation, they could also end up in probate. So yes, you can sometimes avoid probate without a trust, but for most people—especially those who own real estate—a revocable living trust is the most reliable way to ensure things go smoothly. If you’re unsure what you need, we’re happy to sit down with you and help create an intelligent estate plan. Please give us a call if you have any questions.