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Trusts: If the deceased had a trust, you will not need to go through probate. Trusts are created to allow the deceased's family and friends to inherit without having to go through the long and expensive probate process.

Several assets typically avoid probate. These include Life Insurance, Jointly Held Assets, IRAs, 401ks, Transfers on Death Accounts, Assets with Beneficiaries, and Pensions.

Examples of non-probate assets are: jointly-owned property (car, home, bank accounts, etc.), 401(k)s, life insurance, Transfer on Death accounts, and life estate properties. Understanding what assets of yours constitute probate and non-probate assets is critical when structuring your estate plan.

To avoid probate, most people create a living trust commonly called a revocable living trust. It is ?revocable? because you may revoke it at any time. In a living trust, the trust is the owner of the assets and not you. Thereby, assets in the trust can skip probate.

Informal Procedure - An application for informal probate or informal appointment of a personal representative can be directed to the clerk of a district court no sooner than 120 hours after the decedent's death. If the clerk determines that all requirements of law have been met, he or she files the will and Page 2 + 2.

While you can write your own will it is advisable that you seek legal counsel. Attorneys are familiar with the legal aspects of writing wills. A will in your own handwriting must be witnessed by two disinterested persons (persons who are not named in the written will).

Assets in a trust, like a revocable living trust, avoid probate. However, if you have a trust in your will (called a testamentary trust), your assets will not avoid probate. The will and your assets will have to go through probate before the trust can go into effect.

Items such as jewelry, vehicles, collectibles, and other personal possessions that are solely owned by the deceased may go through probate. If these items aren't transferred through estate planning tools like trusts or gifts, they'll be handled through the probate process.

You can do this by creating a living trust, using joint ownership, and designating transfer-on-death beneficiaries. Additional strategies to avoid probate include gifting assets during your lifetime and establishing payable-on-death accounts.