How can I avoid Probate?

  • To avoid probate, you must hold sole title to assets with a total value less than $150,000 in personal property and less than $50,000 in real property at the time of your death. If the sum of all assets held in your individual name exceed these values, the assets will be subject to probate.
  • To the extent you hold assets in joint tenancy or name a beneficiary on your accounts or insurance policies, these assets are not considered “owned by your Estate” at the time of your death and are not subject to probate.
  • Further, you can transfer ownership in your assets to a Living Trust so that the assets are not held in your name at the time of your death.