Probate is a time-consuming and often expensive process. If you are going through the process of estate planning, it is natural to want to help your heirs avoid this. Additionally, anything that goes through probate becomes part of public record. Many people wish to avoid probate to protect their privacy.

Property is an asset that is almost guaranteed to go through probate. For this reason, Americans who are planning their estates often try various gambits to avoid this. A popular stratagem is to put the adult child on the deed. However, this almost always causes more problems than it solves.

Would this work?

Strictly speaking, yes. If you put the adult child on the deed to your home, you then own the property in “joint tenancy” with your child. With joint tenancy, if one owner of the property dies before the other, the property automatically goes to the surviving owner. With joint tenancy, the property does not go through probate.

Why is this not a good idea?

If you do this, then your child becomes an equal owner of the home right away. It makes no difference that you have owned the property for a longer time. This means that if you want to do anything like refinance or even sell the property, you will need the permission of your adult child. This can be problematic. Additionally, if the IRS decides to put a lien against your child for whatever reason, the IRS will consider your home part of your child’s assets.

Thus, putting your adult child’s name on the deed to your home is not a good idea, even if it will help them avoid probate. A better option is to create a trust.