Probate in New York can take months — sometimes years — and involves court filings, legal fees, and public disclosure of your assets. Many Nassau County families look for ways to pass assets to their loved ones without going through Surrogate's Court. Here are five legal strategies that can help you avoid probate entirely.
1. Joint Ownership With Right of Survivorship
When two or more people own property as joint tenants with right of survivorship, the surviving owner automatically inherits the deceased owner's share. No probate is needed — the property passes by operation of law.
This works for real estate, bank accounts, and brokerage accounts. In Nassau County, many married couples hold their home as joint tenants or as tenants by the entirety (a form of joint ownership available only to married couples that provides additional creditor protection).
Watch Out For - Adding a child to a deed can trigger gift tax consequences - Joint ownership means the other person has immediate access to the asset - If both owners die simultaneously, the asset still goes through probate
2. Beneficiary Designations
Many financial assets allow you to name a beneficiary who receives the asset directly upon your death, bypassing probate entirely. These include:
- Life insurance policies
- 401(k) and IRA retirement accounts
- Pension and annuity plans
- Payable-on-death (POD) bank accounts
- Transfer-on-death (TOD) brokerage accounts
This is the simplest probate-avoidance tool available. Review your beneficiary designations regularly — outdated beneficiaries (like an ex-spouse) are one of the most common estate planning mistakes.
3. Revocable Living Trusts
A revocable living trust is the most comprehensive probate-avoidance strategy. You transfer your assets into a trust during your lifetime, and a successor trustee distributes them after your death — all without court involvement.
Advantages - Avoids probate entirely for assets held in the trust - Keeps your estate private (probate records are public) - Provides a plan for incapacity (the successor trustee can manage assets if you become unable to) - Can be changed or revoked at any time during your lifetime
The Catch A trust only works for assets that have been **funded** — meaning formally transferred into the trust. A common mistake is creating a trust but never re-titling the house, bank accounts, or investment accounts into the trust's name. An unfunded trust does nothing.
4. Transfer-on-Death (TOD) Deeds
New York adopted the Estate Powers and Trusts Law §7-8.1 provisions that allow transfer-on-death designations for certain assets. While New York does not currently have a TOD deed statute for real property (unlike some other states), you can use TOD registrations for securities and, in combination with a revocable trust, effectively achieve the same result for real estate.
For Nassau County homeowners, placing your home in a revocable trust is currently the most reliable way to avoid probate for real property.
5. Small Estate Threshold
If the total estate (excluding real property) is valued at $50,000 or less, New York allows a simplified process called Voluntary Administration. This is not technically avoiding probate — but it is a dramatically simpler process that avoids the full probate or administration proceeding.
What Qualifies - Personal property (not real estate) valued at $50,000 or less - At least 30 days have passed since the date of death - No pending probate or administration proceeding
Which Strategy Is Right for You?
Most estate planning attorneys recommend a combination of these strategies. For example, a revocable trust for your home, beneficiary designations for retirement accounts, and joint ownership for everyday bank accounts. The right mix depends on your family situation, asset values, and goals.
For more information about the probate process itself, see our Probate Guide and Administration Guide.