For many families in Brooklyn and throughout New York, the probate process can feel overwhelming, costly, and time-consuming. Probate is the legal procedure through which a deceased person’s estate is validated and distributed. While it serves an important purpose, many people want to avoid it to maintain privacy, minimize delays, and reduce legal fees.

At Jack Weissman, Attorney at Law, we help individuals and families in Brooklyn understand their options for avoiding probate and ensuring their wishes are carried out with minimal court involvement.

Why Avoid Probate?

Probate in New York can take several months or even over a year to complete. It becomes part of the public record, involves court oversight, and can lead to legal challenges. Fortunately, with proper planning, much of this process can be avoided.

Legal Strategies to Avoid Probate in New York

1. Create a Revocable Living Trust

One of the most effective ways to avoid probate is to place assets into a revocable living trust. You retain control of the assets during your lifetime, and upon death, they pass directly to your named beneficiaries without court involvement.

2. Use Beneficiary Designations

Certain assets—such as retirement accounts, life insurance policies, and payable-on-death (POD) bank accounts—allow you to name a beneficiary. These assets transfer automatically and bypass probate.

3. Joint Ownership with Rights of Survivorship

When you own property jointly with someone else, such as a spouse or family member, it can pass directly to the surviving co-owner without going through probate.

4. Transfer-on-Death (TOD) Designations

New York allows TOD designations on securities, and in some cases, other assets. This ensures that ownership passes automatically upon death.

5. Make Lifetime Gifts

Giving assets away during your lifetime removes them from your estate and avoids the probate process. However, gift tax and Medicaid planning implications should be considered.

Work with a Brooklyn Estate Planning Attorney

Each family’s situation is unique. The best way to avoid probate is through customized planning that aligns with your assets, family structure, and goals. At Jack Weissman, Attorney at Law, we are committed to helping Brooklyn residents create legally sound estate plans that reduce complications for loved ones.

Whether you're just beginning the estate planning process or updating existing documents, we can guide you in minimizing or eliminating the need for probate altogether.