How to Avoid Probate in New York: Legal Tools That Work

Probate is the legal process used to settle the estate of someone who has passed away, distributing assets according to a will or state law. Although probate can help resolve estate matters, it can also be costly, time-consuming, and stressful for families. Fortunately, in New York, there are several reliable legal strategies to avoid probate and ensure that your assets pass directly to your loved ones. At the Law Offices of Benjamin B. Neschis, P.C., we guide New York City residents through these effective probate-avoidance methods.

Key Legal Tools to Avoid Probate in New York:

1. Revocable Living Trusts

Creating a revocable living trust is one of the most popular ways to bypass probate. Assets placed in the trust pass directly to named beneficiaries upon your death, completely avoiding court involvement. This can save significant time and expense for your family.

2. Joint Ownership with Rights of Survivorship

When property—such as a home, bank accounts, or investment accounts—is held jointly with rights of survivorship, ownership automatically transfers to the surviving co-owner upon one person's death. In New York, this method immediately avoids probate, allowing quick asset transfer.

3. Beneficiary Designations

Certain assets allow you to name beneficiaries who receive the property directly after your passing. Retirement accounts, life insurance policies, and payable-on-death (POD) bank accounts are common examples. These designated assets avoid probate by directly passing to the named beneficiary without court intervention.

4. Transfer-on-Death (TOD) Registrations

New York permits TOD registrations for certain types of accounts and securities. With TOD registrations, assets automatically transfer to the named beneficiaries upon the owner's death, without probate proceedings.

5. Lifetime Gifts

Giving away property or assets during your lifetime can also help reduce or eliminate probate proceedings. By strategically gifting assets during life, fewer items are left to pass through probate.

Why Seek Legal Assistance?

The probate-avoidance process involves careful planning, legal compliance, and precise documentation. Working with an experienced estate planning attorney ensures your strategy is effective and tailored specifically to your goals. At the Law Offices of Benjamin B. Neschis, P.C., we provide personalized guidance to protect your assets and simplify the estate administration process for your loved ones.

Whether you're setting up trusts, modifying beneficiary designations, or exploring other probate-avoidance methods, our legal team is ready to help.