Protect Your Family From Probate: Here’s How
By Michelle Neely, Nelson Home Group Realtor and Seniors Real Estate Specialist (SRES)
If you own a home and you don’t have a living trust, your family won’t just inherit your house. They’ll inherit a court case. The best way to protect your family from probate is to put the right plan in place now, while you can still make the decisions yourself.
I don’t write this as a real estate agent explaining a concept. I write it as someone whose family is living through it right now.
What is probate, and why should Kansas City homeowners care?
Probate is the court process that decides what happens to your property after you pass away. When a home goes through probate, a judge oversees who gets it, who manages it in the meantime, and how debts get paid before anything goes to your family.
In Missouri and Kansas, probate can take months, and often longer than a year. Court costs and attorney fees come out of the estate. The process is public record. And while it drags on, the house usually sits there, losing value.
I think of it like putting your house in jail. Your family has to bail it out, and the bail gets paid with your home’s equity.
Not sure where your family stands? I’m happy to walk you through it at no cost. Call or text me at (816) 560-2669 (KW KC North Office: (816) 452-4200). Keep reading.
Does a will avoid probate?
A will is a set of instructions for the court, so the home still goes through probate.
No. This is the biggest misunderstanding I hear from families.
A will is a set of instructions for the court. It tells the judge what you wanted, which helps, but it doesn’t keep your home out of court. A will gets your family a better spot in line. It doesn’t get them out of the line.
How does a living trust protect your home?
A living trust is a legal arrangement that holds your property while you’re alive and passes it directly to the people you choose when you die, without probate.
I like to picture it as a treasure box. The trust holds your home’s value and protects it. As long as your house is inside the box, your family can step in quickly, take care of the property, and either keep it or sell it on their terms.
What happens when a home isn’t set up the right way?
Here’s my family’s story.
My husband’s grandparents owned their home for over thirty years. It was the house where everyone gathered for holidays and Sunday dinners. My husband and his brother lived there with their grandparents for a while. That house held decades of memories for our whole family.
But it wasn’t set up the right way before they passed. Today the house is in probate. The people who ended up with legal control over it won’t let us in to take care of it, so it has been sitting vacant for over a year. Every month it sits, the problems grow. And by the time probate and court fees are paid, there will be very little left.
If that home had been in a trust, we could have fixed it up and kept it in the family. Or we could have sold it and split the proceeds in a way that actually helped everyone involved. Instead, we’re watching it sit empty, unable to do anything about it.
This is exactly why I do what I do. I don’t want your family to go through what mine is going through.
Is a living trust the only way to keep a house out of probate?
Missouri and Kansas both allow a transfer-on-death deed as another way to pass a home.
What really decides whether your home goes to probate is how the title is held.
If the house is in your name alone with nothing else in place, it’s headed to probate. If your living trust owns the house, it’s protected. Signing trust paperwork isn’t enough by itself. The deed has to be transferred into the trust’s name. I see families miss this step more than any other.
There are other tools too. Both Missouri and Kansas allow a transfer-on-death deed (Missouri calls it a beneficiary deed), which names who receives the home when you pass. A trust is often the more complete option, especially for blended families or more complicated situations.
An estate planning attorney can tell you what fits your family. If you need a recommendation, I regularly work with Lifescape Elder Care Law & Estate Planning here in Kansas City. They focus on estate planning and elder law for older adults and their families.
Should your life insurance match your mortgage?
Here’s my pro tip: consider a life insurance policy equal to the balance of your mortgage.
If you pass away, the policy can pay off the house, and your family gets the full treasure box instead of a mortgage payment on top of their grief. Make sure you name a person (or your trust) as the beneficiary, not your “estate,” or those funds can end up in probate too.
What 4 steps protect your family from probate this month?
Start by checking the deed to see whose name is on the title.
- Check how your home is titled. Look at your deed. Whose name is on it?
- Talk to an estate planning attorney about a living trust or a transfer-on-death deed. Need a referral? See Lifescape’s contact info below.
- Move your home into the trust. Confirm the deed was actually recorded in the trust’s name.
- Review your life insurance and beneficiaries so the money goes where you intend.
If you’re an adult child, have this conversation with your parents now, while it’s still a conversation and not a court date.
Frequently Asked Questions
Does a will keep my house out of probate?
No. A will still goes through probate. It just tells the court what you wanted.
How long does probate take in Missouri?
It often takes many months and can stretch past a year, especially if the estate is contested.
Does a living trust protect my home if I own it in my own name?
Only if the home is transferred into the trust. The deed must list the trust as the owner.
Can I avoid probate without a trust in Missouri or Kansas?
Often, yes. Both states allow a transfer-on-death or beneficiary deed. An estate attorney can help you choose.
Ready to Talk?
I write these posts because I want to be there for your family before a crisis, not after. You don’t need everything figured out before you reach out. That’s what the conversation is for.
Michelle Neely, Seniors Real Estate Specialist (SRES)
Nelson Home Group, Keller Williams KC North
Call or text: (816) 560-2669
KW KC North Office: (816) 452-4200
Email: [email protected]
Web: https://nelsonhomegroupkc.com/agents/michelle-neely/
Need an elder law or estate planning attorney?
Lifescape Elder Care Law & Estate Planning
1508 NW Vivion Rd., Ste. 204, Kansas City, MO 64118
(816) 291-4143
[email protected]
lifescapelaw.com
This post is for general information, not legal advice. Talk with an estate planning attorney about your family’s situation.