The most common methods include:

• Establishing and funding a Revocable Living Trust.
• Using Beneficiary Designations (TOD/POD) on bank and brokerage accounts.
• Holding property in Joint Tenancy or as Community Property with Right of Survivorship.
• Using Transfer on Death (TOD) Deeds for real estate.

No. This is a common misconception. A will is essentially a letter to the probate judge telling them how you want your assets handled. It requires the probate process to be legally executed.

Assets that pass "outside" of probate include trust assets, life insurance proceeds with named beneficiaries, retirement accounts (IRAs/401ks), and assets held in joint tenancy.

This is a simplified procedure that allows heirs to collect assets without a full court proceeding if the total value of the estate is below a specific statutory limit. It is much faster and less expensive than a formal probate.

As of 2026, the threshold for a "small estate" is $184,500. If the total value of the assets subject to probate is less than this amount, the family can often avoid the formal court process using the Small Estate Affidavit or other simplified petitions.