Avoiding Probate Not every estate is subject to probate, and requirements vary from state to state. Some states offer a simplified probate process and/or allow property left by a will to be transferred through a simple affidavit without probate. These provisions are typically allowed only for assets up to a specific dollar limit. An estate planning professional who is familiar with the laws of your state can help you determine whether your estate may be subject to probate. TIP: For large estates, one way to avoid probate is by using a living trust.