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AVOIDING PROBATE In New York, any assets placed in a living trust are considered non-probate property and, thus, wont have to go through the probate process. This allows for faster distribution of assets and ensures that your wishes will be followed more directly than they might be in probate court.
Non-probate assets are those that do not require a courts involvement during the probate process, allowing for a smoother and quicker transfer to beneficiaries. These assets can include life insurance policies, retirement accounts, and properties held in joint tenancy, among others.
Payable-on-Death (POD) Accounts Bank accounts with a payable-on-death (POD) designation automatically pass to the named beneficiary upon the account holders death, avoiding probate.
One common method is to create a revocable trust. A revocable trust allows you to maintain control of your property during your life, and decide how the property is distributed after death, without needing to go through probate court.
Tenancy in common does not avoid probate, and the interest of a co-owner who dies passes to their heirs.
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Comments Section A Revocable Living Trust (which is what is appropriate for most people) is the best way to avoid probate court. It doesnt have any effect on taxes. Basically, it will make things way easier for whoever handles your affairs after you are gone (because probate court is not needed).
Establish a living trust: This is a common way for people with high-value estates to avoid probate. With a living trust, the person writing the trust decides which assets to put into the trust and who will act as trustee.

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