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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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