How Can You Avoid Probate Proceedings in New York?

Probate is the legal process of proving a will and administering a deceased person’s estate. In New York, probate can be time-consuming, public, and costly — especially in cases involving complex assets or family disputes. Fortunately, there are several legal tools that can help you avoid or minimize probate and ensure a smoother transfer of your assets to loved ones.

1. Create a Revocable Living Trust

A revocable living trust is one of the most effective ways to avoid probate. You can transfer ownership of your assets (such as your home, bank accounts, and investments) into the trust during your lifetime. Upon your death, the trust assets are distributed by your chosen trustee without court involvement.

2. Use Beneficiary Designations

Certain assets automatically bypass probate if you name a beneficiary. These include:

• Life insurance policies

• Retirement accounts (401(k), IRA)

• Transfer-on-death (TOD) or payable-on-death (POD) accounts

Keep your beneficiary designations up to date to avoid unintended consequences.

3. Own Property Jointly with Rights of Survivorship

For real estate or joint bank accounts, owning assets as joint tenants with rights of survivorship means the surviving co-owner automatically inherits the property outside of probate.

4. Use a Small Estate Proceeding (if eligible)

In New York, if the estate is worth less than $50,000 (not including real estate), it may qualify for a voluntary administration, a simpler alternative to probate.

Should You Try to Avoid Probate?

Not everyone needs to avoid probate entirely, but doing so can reduce legal fees, speed up asset distribution, and protect your family's privacy. The right strategy depends on your assets, family dynamics, and goals.

If you're not sure whether your current estate plan will avoid probate, or if you'd like to create a plan that does, we’re here to help.Contact The Law Office of Jin-Wook Kim, P.C. to schedule a consultation.