Probate is the court action by which assets are transferred to heirs after a death according to the deceased's will or according to state law if no will was left. A full probate action can be costly and time consuming. Fees must be paid to the executor or administrator, and to the attorney representing the estate. Asset will not generally be distributed to heirs for six to twelve months, and complicated estates involve much longer delays. Planning before death may allow a court probate action to be avoided. First, a living trust can be considered. This document provides for the transfer of assets directly to beneficiaries under the trust, without any court action. Second, a will with a minor's trust can be considered for small estates, with the thought of utilizing summary probate proceedings after death. Third, changes in the way you hold "title to property" may be considered, which would allow you to avoid having to include your real property in a probate action. For more information on whether probate can be avoided in your particular situation, please contact an attorney.