By Jason Heath on September 15, 2015. Spike is settling an estate and trying to determine which assets are subject to probate. This is especially seen in cases where estate planners step in to ensure certain assets are automatically inherited by a person’s beneficiaries. Contrary to popular belief, a Will REQUIRES a probate in order to pass along your assets. The inventory will not only list the assets in your estate, but the values of those assets on the date of your death. Probate can be a financially and emotionally frustrating process—one that you will want to spare your heirs of having to suffer through, especially after they’ve already suffered from loss. We explain non Probate assets and cover the majority of scenarios where an asset does require Grant of Probate. How to avoid probate in Washington depends on your goals and the complexity of the estate. An individual can also avoid probate by titling assets in the name of more than one individual owner. So, anyone can find out what you owned, what it was worth, and who you left it to. In Canada, almost all Wills go through probate, unless assets are simply passing to a joint asset holder. But to qualify, a few guidelines come into play. Most assets can transfer outside of probate if you plan properly. It can be a slow, frustrating and expensive process. A living trust can incur many fees. How You Can Avoid Probate . A living trust is merely an alternative to a last will. Therfore, it is fitting to discuss ways that individuals and couples can avoid Probate. When a loved one passes, it is often devastating for surviving family members. This can vary by state, but generally, a Small Succession Affidavit Procedure will allow you to avoid probate as long as your total assets are worth or less than a certain amount and you have a will. For those interested in Estate Planning here in California, you should likely set up a living trust. Probate is the legal process by which a court oversees how the assets of an estate are divided up. There is a fee to obtain probate. If you wish to lower your probate tax burden, you can take advantage of our Tax Saving Wills™. Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute assets to the intended beneficiaries. Let’s Recap Ways to Avoid Probate in Florida: So let’s recap ways you can avoid probate of your assets when you die to save your loved ones lots of time, headaches, and thousands of dollars in legal fees and expenses. In some cases, if your estate is worth over a certain amount it will have to be probated, regardless of will. 1. You can gift a person this amount once per year and in doing so, you can significantly reduce the value of your assets that go through the probate process. How to Avoid Probate Obtaining probate so that the assets of a person who has died can be passed on to their intended recipients (the “beneficiaries”). Upon you death, all these assets automatically transfer to your POD beneficiary without going through probate. In order to know what assets go through probate, you need to look to how each asset is held: Probate Assets. Assets that are considered non-probate include: The property which is jointly owned, it can pass automatically outside of probate to the joint owner. Probate is a court process that confirms an executor’s authority in a will to distribute the assets of a person who has deceased. In Indiana, probate court is not always necessary for certain assets and estates. As for probate/probate fee avoidance, it is clear that "proper" settlements will avoid both. While even a final will and testament isn’t necessarily enough to prevent probate, it can help simplify the process. 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