Avoiding probate is a strategy used to pass the decedent’s property directly to the beneficiaries without going through the probate court. Most common estates (smaller estates that are less than the exclusion amount that triggers the estate tax) use probate avoidance methods for the following reasons: 1) By avoiding probate court, property of the decedent is distributed to the beneficiaries quicker than if they had to wait for the probate process to end, which is usually a year depending on state law. 2) By using probate avoidance methods on assets that earn income after death, the income earned on those assets are the property of the beneficiary and taxed to the beneficiary. Therefore, estate income tax liability is either eliminated or reduced.
For more on avoiding probate, refer to the following articles:
Tips to Avoid Probate in your Estate Plan.
Commit Enough Assets to Cover Expenses in Your Estate Plan.
Tips to …show more content…
Minimize the Estate Income Tax.
Avoiding Estate Taxes
Estate taxes are part of a complex tax structure regulated by the IRS for estates.
The IRS doesn’t care about the probate court or probate avoidance methods on assets. For the purpose of assessing an estate tax, the IRS looks at the gross value of the estate. The gross value is calculated by totaling the value of all property belonging to a decedent, including property in a revocable trust, regardless of how the property is titled. Fortunately, common estates don’t have to worry about estate taxes because the gross value of the estate is less than the exclusion amount that triggers the estate tax. So, estate taxes concern only the large
estates.
In terms of avoiding estate taxes, wealthy individuals that are planning their estate will need a more elaborate estate plan. The estate plan will require the help of professionals and will most likely include gift giving and irrevocable trusts.
For more on estate taxes, refer to the article The Estate Tax and Gift Tax: The Impact on your Estate.
Finally, to clear up any confusion, avoiding probate may reduce or eliminate estate income taxes, not estate taxes. Therefore, avoiding probate is a better strategy for smaller estates with assets that earn income after death. Conversely, avoiding estate taxes is only a concern for large estates and will require a more elaborate estate plan.