Estate Planning — Probate Avoidance

Beneficiary
Designations.

Beneficiary designations, joint tenancy, and Payable on Death accounts are the simplest and most widely used probate avoidance tools. Federal employees have specific forms to verify for their TSP and FEGLI — and stale designations are among the most consequential oversights in retirement planning.

TSP-3 Form to designate TSP beneficiaries — check yours now
SF-2823 FEGLI beneficiary designation form — on file in your OPF
Override Beneficiary forms override your will — always
TSP-3
Check your TSP statement — upper right corner shows "YES" or "NO" for beneficiary on file
SF-2823
FEGLI beneficiary form — if not in your OPF, no beneficiary is on file
Overrides will
Beneficiary designations and POD accounts pass to the named person — regardless of your will
Days, not months
Assets with POD or beneficiary designations typically transfer within days of death
01 · Federal Employee Action Items

Check your TSP
& FEGLI designations now.

Federal employees have two beneficiary designations that many forget to verify or update: the Thrift Savings Plan and FEGLI life insurance. Both are checked separately and both have specific forms. If either is missing or outdated, the consequences for your heirs can be severe.

Beneficiary designation is the easiest of all probate avoidance tools — and the one federal employees most often neglect. Many already use it for private insurance policies and simply haven't extended it to their federal accounts. Both the TSP and FEGLI have their own separate forms, and neither automatically carries over to the other.

Your TSP statement shows in the upper right corner whether a beneficiary designation is on file. If it says "NO" — you need to act today.

Thrift Savings Plan (TSP)

Form TSP-3 · tsp.gov

Where to check Your TSP statement shows "YES" or "NO" in the upper right corner to indicate whether a beneficiary is currently on file.
Form to use TSP-3 — Designation of Beneficiary. Allows you to name a single beneficiary, multiple beneficiaries, or contingent beneficiaries. Download from tsp.gov.
Who qualifies Any individual, trust, or organization can be named. Contingent beneficiaries receive the account only if all primary beneficiaries have predeceased you.
Keep a copy File a copy in your Survivor's File — the same place you keep your will, insurance policies, and other important documents.

FEGLI Life Insurance

Form SF-2823 · OPM

Where to check Active employees: contact your personnel office and ask them to check your Official Personnel File (OPF) for an SF-2823. Retirees: contact OPM directly.
Form to use SF-2823 — Designation of Beneficiary for Federal Employees Group Life Insurance. If no form is on file, FEGLI follows the standard order of precedence (spouse → children → parents → estate).
Standard order Without an SF-2823 on file, FEGLI pays: (1) widow or widower, (2) children and their descendants, (3) parents, (4) executor or administrator, (5) next of kin. If this matches your wishes, you may not need a form — but verify.
Keep a copy File a copy in your Survivor's File. Notify your beneficiaries of its location.
Check your OPM annuity beneficiary separately. A third federal-specific designation many employees overlook is the beneficiary for any lump-sum CSRS or FERS annuity benefit payable at death. This is designated using SF-2808 (CSRS) or SF-3102 (FERS) and is on file with OPM — separate from both TSP and FEGLI. Verify all three.
02 · The Two Key Methods

Joint tenancy
& Pay on Death.

These two methods handle the majority of most federal retirees' estates — without an attorney, without a court, and often without any cost. Understanding where each works well — and where it falls short — guides which assets need a living trust instead.

JT

Joint Tenancy

Joint tenancy is one of the most widely used probate avoidance methods. When one joint tenant dies, the property automatically passes to the surviving owner — no probate, no court proceedings, no waiting period. It works for nearly any type of property: homes, cars, bank accounts, stocks, bonds, brokerage accounts, and more.

Setting it up is straightforward: in most states, you add the phrase "as Joint Tenants" or "Tenants in Common" to the title or account. Some states accept "John Smith and Mary Smith, Husband and Wife." The exact wording requirements differ by state — check your deed or consult a local title company if you're unsure whether your property is currently registered correctly.

For real property specifically: verify that your deed is registered with your state's proper joint tenancy language. If you have any doubt, contact the attorney or title company that handled your closing — or simply call a local title company and ask. Getting this wrong means the property goes through probate regardless of your intent.

Note: Joint tenancy for non-spouses can have gift tax implications. "Tenancy by the Entirety" — available in some states for married couples — provides an additional benefit: it protects jointly owned property from creditors if one spouse declares bankruptcy. Consult an estate attorney for your state's specific rules.

POD / TOD

Pay on Death (POD) & Transfer on Death (TOD)

Pay on Death designations are used on bank accounts, CDs, money market accounts, and brokerage accounts. Transfer on Death (TOD) is the equivalent for stocks and bonds. Both accomplish the same thing: the account passes directly to the named person at death, without going through probate.

In most cases all you need to do is fill out a form at your bank or financial institution. The account registration reads: "John Smith Payable on Death to John Smith Jr. and Sara Smith." If one named heir predeceases you, the surviving heir receives everything — POD doesn't require you to update the form if one beneficiary dies before you.

POD limitations — when to use a trust instead

POD designations are powerful but have real limitations. Knowing them helps you identify which assets need a living trust rather than a simple POD form.

No alternate beneficiaries: POD doesn't allow you to name a backup. If your named beneficiary predeceases you and you haven't updated the form, the account falls into your estate and goes through probate. A living trust handles contingencies far more flexibly.
Single beneficiary limit on stocks & bonds: Many stock transfer companies and brokerage platforms only allow one POD/TOD beneficiary per account. If you want to split assets between two children, you need a living trust — which is exactly how the case study couple handled their individually-owned stocks.
Minors as beneficiaries: If you name a minor child as a POD beneficiary, an adult custodian must be named for the property under the Uniform Transfers to Minors Act (UTMA). Rules vary by state; some states don't permit leaving unequal shares to minor beneficiaries without specific trust provisions.
State law variations: Some states have restrictions on POD designations for certain asset types that others don't. Verify your state's rules before relying on POD for every account.

The living trust solves what POD can't

A revocable living trust can name multiple beneficiaries with specific allocation percentages, include contingent beneficiaries, and handle the distribution of non-registered personal property that can't receive a POD designation at all. For anyone with two or more heirs, a living trust for individually-owned securities and personal property is usually worth the attorney fee to prepare — and avoids the single-beneficiary limitation that trips up many POD-reliant estate plans.

See the Asset Allocation and Probate Avoidance pages for examples of how a complete estate plan uses all four tools together.

Complete beneficiary review checklist

Work through this list. For each item, verify whether a current, accurate designation is in place — and update anything that's stale or missing.

TSP — Check your TSP statement for "YES/NO" in upper right. If NO or outdated, complete Form TSP-3 at tsp.gov.
FEGLI — Verify an SF-2823 is on file in your Official Personnel File (active) or with OPM (retired). Request and complete a new form if missing or outdated.
CSRS/FERS annuity lump sum — Verify SF-2808 (CSRS) or SF-3102 (FERS) beneficiary is current with OPM.
IRA accounts — Verify named beneficiary on file with your IRA custodian. Confirm primary and contingent beneficiaries.
Bank accounts — Add POD designation at each institution. Confirm the exact names and SSNs for all named beneficiaries.
Savings bonds & CDs — Add POD to each certificate or account. Check maturity dates as well.
Brokerage accounts — Add TOD (Transfer on Death). Note the single-beneficiary limitation and consider a trust if splitting between multiple heirs.
Private life insurance — Verify beneficiary on file with each insurer. Update after any marriage, divorce, or death of a named beneficiary.
Home deed — Confirm joint tenancy language is correctly recorded with your state. Contact your title company if unsure.
Vehicles — Confirm joint title or add a TOD designation where your state permits it on vehicle titles.
Jointly-held accounts — Confirm all accounts you intend to pass via joint tenancy are titled correctly (not just co-signed).
Individually-owned securities with multiple intended heirs — Establish a living trust to avoid the single-beneficiary POD limitation.
Review these after every major life event: marriage, divorce, death of a named beneficiary, birth of a child or grandchild, or any significant change in your financial situation. A designation made in 1998 during a different marriage may still be legally valid today — even if that relationship has long ended.