There are many ways to hold title to real estate, depending on the state. Real estate can avoid probate completely if it’s passed to survivors automatically with ownership options like a living trust, community property laws, a transfer-on-death deed, or joint ownership with right of survivorship.

There are several things that can happen to a home if it needs to go through probate:

  • The real estate can be transferred to beneficiaries named in the will through probate.

  • The property can be transferred to heirs through intestate probate without a will.

  • The executor can sell the property through probate.

With the right type of ownership, the home can bypass probate completely and go directly to beneficiaries.