Probate is the court-supervised process of distributing a deceased person’s estate. In New York, probate can be time-consuming, public, and expensive—especially if there are disputes among heirs or issues with the will. Fortunately, there are several strategies available to help you avoid probate and ensure that your assets pass smoothly to your loved ones.

At the Law Offices of Harjot Singh P.C., we help individuals and families across New York develop estate plans that avoid the complications of probate and protect what matters most.

Why Avoid Probate?

Avoiding probate in New York offers several benefits:

• Privacy: Probate records are public. Avoiding probate keeps your financial affairs private.
• Efficiency: Probate can take months or even years. Avoiding it speeds up asset distribution.
• Cost Savings: Probate involves court fees, attorney costs, and other expenses.
• Reduced Conflict: A clear estate plan can minimize the risk of family disputes.

Strategies to Avoid Probate in New York

1. Revocable Living Trust
   A living trust allows you to transfer assets to a trustee during your lifetime. After your death, the assets pass directly to your beneficiaries—without going through probate. You retain control of the trust while you're alive and can make changes as needed.
2. Joint Ownership with Right of Survivorship
   Property owned jointly with someone else (like a spouse) automatically passes to the surviving owner upon death. This includes bank accounts and real estate.
3. Payable-on-Death (POD) and Transfer-on-Death (TOD) Designations
   You can name beneficiaries for certain accounts (like bank or retirement accounts) using POD or TOD designations. These assets go directly to the named individual and bypass probate.
4. Life Insurance and Retirement Accounts
   Ensure your beneficiary designations are up to date. These assets pass directly to beneficiaries and are not subject to probate.
5. Gifting During Your Lifetime
   Giving away property while you're alive removes it from your estate and prevents it from going through probate. Be mindful of gift tax rules and your own financial needs.
6. Small Estate Affidavit (If Applicable)
   In New York, if the estate is valued under $50,000 and doesn't include real property, it may qualify for a simplified process known as voluntary administration. While this doesn’t eliminate probate, it significantly reduces the burden.

Let Us Help You Plan Ahead

Planning to avoid probate is a proactive way to make things easier for your loved ones and maintain control over your legacy. At the Law Offices of Harjot Singh P.C., we work closely with New Yorkers to create custom estate plans that align with their goals and reduce the risk of costly legal issues later on.

Whether you're starting from scratch or updating an existing plan, our team can guide you every step of the way.