How to avoid probate

Quick answerAssets that pass by beneficiary designation, joint ownership with survivorship, payable/transfer-on-death registration, or a funded living trust generally pass outside probate. Small estates may qualify for a simplified procedure.

Common tools

Revocable living trust – assets titled in the trust pass under the trust terms.
Beneficiary designations – life insurance and retirement accounts.
Payable-on-death / transfer-on-death bank and brokerage accounts.
Joint ownership with right of survivorship.
Transfer-on-death deeds – allowed in some states only.

Transfer on death deeds in our pilot states

State	Allowed?	Law
New Hampshire	Yes	RSA 563-D:5
California	Yes	Cal. Prob. Code § 5614
Texas	Yes	Tex. Estates Code §§ 114.051, 114.055
Florida	No	Fla. Stat. ch. 711
Ohio	Yes	Ohio Rev. Code § 5302.22

Small-estate options in our pilot states

State	Rule
New Hampshire	No small-estate affidavit. Simple estates usually use waiver of administration under RSA 553:32, which has no dollar cap.
California	California has a small-estate affidavit after 40 days, with a dollar limit that is adjusted periodically (Prob. Code § 13100).
Texas	Small estate affidavit for intestate estates up to $75,000 (excluding homestead and exempt property), after 30 days.
Florida	Summary administration for estates up to $150,000 (less exempt property), or when death was more than 2 years ago.
Ohio	Release from administration for estates up to $35,000, or $100,000 if all goes to the surviving spouse.

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