Is a Living Trust Preferable to a Will for Avoiding Probate?

Estate planning in Maryland allows you to determine how your assets are handled after your death, and one of the most effective strategies for protecting your estate is to first identify which assets pass outside of probate. Knowing what qualifies as exempt can help you streamline your plan and minimize unnecessary legal delays. Understanding this process with the support of an estate planning lawyer in Rockville, MD, is the first step to planning your financial future. From an Estate Planning Lawyer in Rockville, MD: Assets That Are Not Subject to Probate Transferring Jointly Owned Property Assets held in joint tenancy with right of survivorship do not go through probate when one owner passes away. Instead, ownership automatically transfers to the surviving joint owner. This applies to both real estate and financial accounts. For example, if you and your spouse own a home together as joint tenants, your share will transfer directly to your spouse without the need for probate. Maryland law supports this form of ownership as long as it is clearly stated in the title or account registration. We review your records to confirm that joint ownership is documented properly. Distributing Payable-on-Death and Transfer-on-Death Accounts Bank accounts, investment accounts, and retirement funds often allow you to name a beneficiary through a payable-on-death or transfer-on-death designation. These designations override the terms of your will and allow the account to transfer directly to the named individual. This avoids probate and provides faster access to funds. To ensure these designations are valid, you must complete the correct forms with the financial institution and keep them updated if your circumstances change. Passing Life Insurance Proceeds Outside of Probate Life insurance policies are paid directly to the named beneficiaries listed on the policy. These proceeds are not subject to probate unless you name your estate as the beneficiary or fail to designate someone. If no beneficiary is named, the proceeds may become part of the probate estate, which can delay distribution. We help you confirm that your designations are in place and reflect your current wishes, especially in cases involving divorce, remarriage, or changes in family structure. Using Revocable Living Trusts A revocable living trust is a common method of transferring assets outside of probate. When you place property into a trust during your lifetime, that property is no longer considered part of your probate estate. The trustee you name can distribute the trust assets according to your instructions without court involvement. In Maryland, trusts must be funded correctly to function as intended. We prepare and review all trust documentation and ensure your assets are titled in the name of the trust to avoid confusion later. Exempting assets from probate helps your estate pass to beneficiaries with fewer delays and expenses. By using joint ownership, proper beneficiary designations, and revocable trusts, you reduce the burden on your estate and ensure your intentions are carried out efficiently. Schedule a consultation with us today at Elville & Associates in Rockville, Columbia, and Annapolis, MD, to work out a well-structured plan that gives you financial confidence and security.

In the world of estate planning, the words “probate assets” and “non-probate assets” are used often, though in most cases in my experience, the client does not understand the difference. Simply put, probate assets are assets that pass to a beneficiary through a Last Will and Testament, while non-probate assets are assets that pass to a beneficiary through any means other than a Last Will and Testament. That is a practical definition of the two assets, but not very helpful in assisting you to determine what a probate asset is and what is non-probate. Probate assets are assets owned by an individual, without any co-owners or beneficiary designations in place for that asset. Examples of probate assets are solely-owned vehicles, individually-owned bank accounts, etc. Non-probate assets are assets owned jointly with others or have some type of post-death designation in place. Examples of non-probate assets are: jointly-owned property (car, home, bank accounts, etc.), 401(k)s, life insurance, Transfer on Death accounts, and life estate properties. Understanding what assets of yours constitute probate and non-probate assets is critical when structuring your estate plan. For example, let’s say you want your children to receive equal shares of your estate. In order to carry out this wish, you prepared a simple Will leaving your estate to your children in equal shares. One of your primary assets is a savings account with $20,000. If you own that account individually, that $20,000 would pass to your children equally, under your Last Will and Testament as you wanted. However, let’s say you added one of your children as a joint owner on that savings account so the child could help pay your bills, etc. (as is very common). Adding your child as a joint owner has now converted that bank account from a probate asset to a non-probate asset, which means the $20,000 will NOT pass under your Will. Instead, upon your death, under the laws of Maryland, the entire balance of that account will become the property of the child who is listed as the joint owner. Perhaps that child will then divide the account among his or her siblings, but then again, maybe not. The importance of identifying your probate assets v. non-probate assets is central to building your estate plan. Take some time to review your assets and make sure your non-probate arrangements are in concert with your estate plan. For more information, please call 443-393-7696 or complete the form below.

Authored by: Jeffrey D. Stauffer – Community Relations Director It was announced on Friday, December 19 th that Managing Principal Stephen Elville, Principal Attorneys Shannon Goodwin and Shannon Ladner, and Associate Attorney Sara von Stein Echeverria were honored on the 2026 Maryland Super Lawyers and Rising Stars Lists. Stephen R. Elville, J.D., LL.M. — Managing Principal Stephen R. Elville, President, CEO, and Managing Principal of Elville & Associates, P.C., has again been selected to the 2026 Maryland Super Lawyers List — his 11th overall and 10th consecutive year receiving this recognition. Mr. Elville’s practice centers on helping individuals and families through challenging legal landscapes with clarity, compassion, and technical skill. He leads the firm’s work in estate planning, elder law, special needs planning, tax planning and asset protection and preservation, long-term care planning, and more. Clients working with Mr. Elville benefit from his deep experience navigating both pre-crisis planning and complex crisis situations — giving them peace of mind and a personalized, long-term strategy. Throughout his career, Mr. Elville has built a reputation as one of Maryland’s most respected attorneys. His broad legal-technical knowledge, combined with a caring and client-focused approach, enables him to address a wide range of legal matters with confidence and clarity. In addition to his client work, he is a seasoned educator and speaker, regularly offering webinars and workshops for clients and the surrounding community, along with continuing education events for financial advisors. Mr. Elville is an active member of several professional organizations including the National Association of Elder Law Attorneys (NAELA), WealthCounsel, the Academy of Special Needs Planners, and as well as the EPIC Peer Group where he travels around the country each quarter learning from and teaching likeminded attorneys. He has held leadership roles including the past Chair of the Estates & Trusts & Elder Law Sections of the Howard County Bar Association, past President of the Coalition of Geriatric Services (COGS), and past Chair of the Elder Law & Disability Rights Section Council of the Maryland State Bar Association. He was also the long-term Chair for Law Day Maryland and recently served as Chair of the Pro Bono Subcommittee of the Elder Law Disability Rights Section Council. Outside of his legal practice, he is President of the Friends of Baltimore Classical Music, Inc. and Founder of the Elville Center for the Creative Arts, Inc. — a nonprofit dedicated to furthering music education for students with limited means.  Mr. Elville had a feature story written about him in the national Super Lawyers Magazine about the Elville Center and his efforts surrounding this initiative. Along with his charitable endeavors, Mr. Elville also supports community organizations such as the Autism Society of Maryland, the Brain Injury Association of Maryland, the National Alliance on Mental Illness of Howard County, the Howard County Public Library System Veterans Book Group program, and more. Shannon Goodwin, J.D. — Principal Attorney Shannon Goodwin has been named to the 2026 Rising Stars List for a third consecutive year. In her role as Principal Attorney, she leads Elville and Associates’ Estate and Trust Administration Department along with estate planning and tax planning. Ms. Goodwin guides clients through every aspect of administering estates — from the probate process and inventory reporting, to accountings, final distributions, and all detailed estate tasks. Her insight and dedication help families navigate what can often be complicated and emotionally difficult processes. Her background includes undergraduate studies at North Carolina State University, followed by law school — during which she distinguished herself as a member of the Syracuse Law Review. After graduation, she gained important legal experience working as a Judicial Law Clerk for three years in the Circuit Court for Washington County, and in the District Court for Washington and Frederick Counties. She joined Elville and Associates in 2021, bringing with her a strong foundation and commitment to client care. Shannon F. Ladner, J.D. — Principal Attorney Shannon F. Ladner has earned her place on the 2026 Rising Stars List for the fourth year in a row. She leads the firm’s Estate Planning Department, where she assists clients through every stage of planning — from initial consultation to plan design and implementation, and ongoing updates as laws and life circumstances evolve. Ms. Ladner’s practice emphasizes estate planning and special needs planning. Her work is grounded in a thoughtful, client-centered approach, ensuring that each plan reflects the client’s values, goals, and unique family situation. During law school, she contributed her talents to the Human Trafficking Prevention Project Clinic, representing victims of human trafficking as a Rule 19 Student Attorney. After receiving her J.D., she served as a Judicial Law Clerk for Magistrates Susan M. Marzetta and Lori Joy Eisner in the Circuit Court for Baltimore City. Before joining Elville and Associates, she practiced at a small law firm in Towson, Maryland where she gained valuable experience representing clients in family law and criminal matters. Sara von Stein Echeverria, J.D. — Associate Attorney 2026 is Sara von Stein Echeverria’s first of what we see as many future inclusions on the Maryland Rising Stars list.  Ms. von Stein Echeverria focuses her practice on estate planning, estate and trust administration, special needs planning, asset protection, and tax planning. She is known for her thoughtful, client-centered approach and her ability to guide individuals and families through complex planning decisions with clarity, empathy, and care. Sara works closely with clients to develop comprehensive plans that protect loved ones, reflect personal values, and provide long-term peace of mind. Sara earned her Juris Doctor, summa cum laude, from the University of Baltimore School of Law, where she distinguished herself through academic excellence and legal scholarship. She also holds a Master of Science from Birkbeck College, University of London, and a Bachelor of Arts, cum laude, from Dickinson College. Prior to joining Elville and Associates, her work included humanitarian and immigration-related legal advocacy, experience that continues to inform her compassionate and inclusive approach to client service. Sara is admitted to practice in Maryland and is an active member of the Maryland State Bar Association, the American Bar Association, and the Baltimore City Bar Association. To learn more about this year’s honorees and the entire team at Elville and Associates, please visit www.elvilleassociates.com. The firm is steadfast in its commitment to client education, compassionate legal service, and providing peace-of-mind solutions across estate planning, elder law, special needs planning, and beyond. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com. #elvilleeducation