Real estate is often the most valuable, and most sentimental, asset in an estate plan—and one of the most likely to get tied up in probate. Which step avoids that depends on whether you have a funded revocable trust or only a will.
Have a revocable trust? Make sure it's funded
Signing a trust document isn't the same as funding it. Unless the deed is actually retitled into your trust's name during your lifetime, the property still legally belongs to you individually—so it passes under your will and goes through probate before it can ever reach the trust. This is one of the most common estate planning gaps: people sign trust documents and never take the follow-up step of transferring title.
Funding real estate into a trust generally means recording a new deed moving title from your name into your name as trustee. Done correctly, this avoids probate for that property and lets your successor trustee manage or distribute it per the trust's terms without court involvement.
On Wealth.com, once a trust is created, you have the option to order a deed transferring the title from yourself individually to your revocable trust– all within the platform.
Alternatively, our trusted network attorneys can can prepare and record the deed, and can also help with more complex situations, like real estate held inside an LLC or creating agreements to manage properties held among various family members.
Only have a will? Two other tools worth knowing
Without a funded trust, real estate left through a will or still held in your name individually still goes through probate. If you have a will-based estate plan, there may be two other options to avoid your real estate passing through probate in the states that permit them in order to transfer property directly to your chosen beneficiary– without a trust and without probate.
Lady Bird deed (enhanced life estate deed)
This type of deed keeps full ownership and control in your hands while you're alive—you can live in the property, sell it, mortgage it, or revoke the deed entirely, without the beneficiary's consent. At death, ownership passes automatically to the named beneficiary, bypassing probate.
Lady Bird deeds are recognized in only a handful of states and are generally governed by common law rather than a specific statute, so the rules can vary. If your property is located in Florida, Michigan, Texas, Vermont, or West Virginia, you can request a ladybird deed be prepared by a qualified attorney directly through the Wealth.com platform.
Transfer-on-death (TOD) instrument or deed
A Transfer-on-Death Instrument (TOD or TODI) works much like a payable-on-death designation on a bank account. You keep full control during your lifetime and can revoke or change the beneficiary anytime. At death, the property transfers directly to the named beneficiary outside of probate.
Unlike Lady Bird deeds, TOD deeds are created by specific state statutes, and roughly 30 states plus Washington, D.C. currently allow them. If your property is located in one of these jurisdictions*, you can request a TODI be prepared by a qualified attorney directly through the Wealth.com platform.
Note that neither tool is identical to a funded trust: each typically covers only the one property named, may leave it exposed to estate creditor claims for a period after death, and doesn't offer the broader management or tax planning a trust can. Rules also vary by state on eligible beneficiaries, backup beneficiaries, and how the deed interacts with a mortgage or existing will.
*This article is for general educational purposes only and is not intended as legal advice. Laws governing wills, trusts, Lady Bird deeds, and transfer-on-death instruments vary by state and change over time. Please consult a licensed estate planning attorney about your specific situation.