If real estate is the only asset that an individual owns at the time of his or her death, it may be possible to avoid probate. One such strategy is to title the real estate in the name of a living trust. This allows the owner of the property to name a beneficiary who will receive the property after the current owner passes away.
Another way to avoid probate is to create a joint tenancy situation with survivorship rights. In that scenario, the person who is also on the deed will receive sole ownership of the property after the other person on the deed passes on. In community property states, it is important to note that real estate is community property that is to go to a surviving spouse.