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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. When the trust owner dies, the trustee will divide the assets outside of probate.

The general requirements for a valid Will are usually as follows: (a) the document must be written (meaning typed or printed), (b) signed by the person making the Will (usually called the ?testator? or ?testatrix?, and (c) signed by two witnesses who were present to witness the execution of the document by the maker ...

Living trusts A living trust is often the best choice for a large estate or if there are many beneficiaries. To avoid probate, most people create a living trust commonly called a revocable living trust.

Some assets don't require probate ? such as a life insurance policy or a retirement account if you name a beneficiary. Jointly owned assets can also avoid probate, as the surviving owners will immediately take full ownership and have complete access to their assets.

Formal Probate If the person who died owned real estate or if the estate is worth more than $45,000.

Property That May Avoid Probate Property held in a trust3 Jointly held property (but not common property) Death benefits from insurance policies (unless payable to the estate)4 Property given away before you die. Assets in a pay-on-death account. Retirement accounts with a named beneficiary.

Certified Mail. Court staff can serve the papers on the other party by mailing them by certified mail, return receipt requested, with delivery restricted. You will need to provide the other party's address. You are responsible for the fee for this type of service unless the court waived your fees and costs of service.

Go to the Probate Division in the county where the decedent lived at the time of death. The court will appoint the ?executor.? It is the executor's job to locate and gather all of the assets, and then pay debts and distribute property ing to the terms of a will. The probate court will supervise this process.

You may file your will for safekeeping with the probate court in the county in which you reside. You may also file any amendments to the original will (codicils). There is a fee to file your will with the court. See the Probate section of the Fees web page for the amount.