One common way to avoid probate of real estate after the owner dies is to hold the title to the property in joint names with rights of survivorship with children or other beneficiaries. This is accomplished by drafting a new deed adding the names of the children and certain legal terms and then recording the new deed.
Many people believe that they do not need an attorney to help them prepare and record the new deed. Instead, they think that a deed form, downloaded from the internet or obtained from a book, is easily filled out and recorded. But deeds are in fact legal documents that must comply with state law in order to be valid. In addition, in most states, property will not pass to the other owners listed in a deed without probate unless certain specific legal terms are used in the deed.