How can probate be avoided?
Assets that avoid probate are called nonprobate property. The use of trusts. Because the terms of the trust dictate how the property will be distributed, there is no need for trust property to pass through probate. The use of life insurance policies. Because the beneficiary is explicitly named in the policy, there is no question as to who gets the property at the owners death, and thus probate is avoided. Property held by joint tenancy. Joint tenancy is a form of ownership in which two (or more) persons share undivided ownership of property during life. When one owner dies, his or her share automatically passes to the other owner(s).