How can I avoid probate when my sole parent passes and I am the executor?

UPDATED: Sep 30, 2022

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How can I avoid probate when my sole parent passes and I am the executor?

Parent owns home title in her name. Will states everything divided equally
between her children. what steps should she take now for us to avoid probate?

Asked on February 2, 2017 under Estate Planning, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no way to avoid probate unless all her assets are either held jointly between her and all her children (e.g. joint bank or brokerage accounts, or at least putting all children on the accounts to get them as "payable on death" or "transfer on death; the children put on the home's title as "joint tenants with right of survivorship"; etc.). Jointly held assets automatically go to the surviving joint owners on death of an owner; but otherwise, it will all have to be probated.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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