how can i avoid probate 
each state has its own limit to determine how much an estate must be to go through the probate process smaller estates may be able to go through a simplified probate process or simply have heirs claim assets by affidavit in addition some assets such as living trusts and 401 k plans do not need to go through the probate process since the probate process is expensive it is worth researching your state s probate rules during your end of life planning the bottom lineprobate law deals with the rules that determine how a person s assets are divided after they die each state has its own rules for the probate process depending on the size of the estate the type of assets and the presence of a will since the probate process can be expensive it is worth researching the different ways to structure an estate in order to avoid it 