Short answer

A will alone does not avoid probate in Delaware. To keep assets out of probate, people commonly use beneficiary designations (life insurance, retirement accounts), payable-on-death (POD) or transfer-on-death (TOD) account registrations, joint ownership with right of survivorship, and revocable living trusts. Each method has trade-offs — especially when children are involved — so combining tools and updating forms regularly is important.

Detailed answer — how each tool works in Delaware

1. Wills: what they do and what they don’t

A will states who should receive your probate estate and who will handle administration (the personal representative). In Delaware, a will must be submitted to the probate court to carry out its instructions. That means a will does not keep property out of probate; it determines distribution of assets that must pass through probate. For general Delaware probate law and statutes, see the Delaware Code, Title 12: Decedents’ Estates and Fiduciary Relations: https://delcode.delaware.gov/title12/.

2. Beneficiary designations: immediate probate avoidance for certain assets

Assets that allow beneficiary designations typically pass directly to the named beneficiary and do not become part of probate estate. Common examples:

• Life insurance proceeds
• Retirement accounts (401(k), IRAs)
• Payable-on-death (POD) bank accounts and Transfer-on-Death (TOD) brokerage registrations

Because beneficiary designations override a will, make sure these forms match your estate plan. Always name contingent (secondary) beneficiaries in case the primary beneficiary dies first.

3. Joint ownership with right of survivorship

When two people hold property as joint tenants with right of survivorship, the surviving owner automatically owns the property at the other’s death. This avoids probate for that item. Common uses: homeowners who hold title jointly, bank accounts titled jointly, and jointly held investment accounts.

Be careful: joint ownership gives the other owner immediate access and control during your lifetime. That can create creditor exposure or unintended loss of control if relationships change.

4. Revocable living trusts

Placing assets into a revocable living trust lets you control them while alive and names how they should pass at death without probate. You (or your trustee) manage trust assets; at death, the successor trustee distributes them per the trust document. For families who want to avoid probate for real estate, investment accounts, and many other assets, trusts are a common option in Delaware.

Trusts require proper funding (re-titling assets into the trust) and periodic review.

5. Special issues with children and minors

If you name a child (minor) as beneficiary of an account or leave assets outright to a minor, Delaware or federal rules may require a court-appointed guardian or conservator to manage those assets until the child reaches majority. To avoid court involvement and loss of control, many parents:

• Name a trust (testamentary trust or living trust) that directs how money is managed for the child and at what ages it can be distributed.
• Name a custodian under the applicable Uniform Transfers to Minors Act (or the state’s custodial accounts) so an adult can hold assets for the child without a formal guardianship.

Because each method has different tax and control effects, discuss options with an estate planning attorney.

6. How beneficiary rules interact with your will

Beneficiary forms and account registrations generally control who gets those specific assets, even if a will says otherwise. For example, if you name your spouse as IRA beneficiary but your will leaves that IRA to your children, the IRA will still pass to the named beneficiary on the account form. Always coordinate beneficiary forms, account registrations, deeds, and your will or trust to avoid unintended results.

7. Practical limits and common pitfalls

• Some assets cannot use beneficiary designations (certain real estate, personal property), so you must use other tools (trusts, deeds, joint ownership).
• Joint ownership can create exposure to creditors and may complicate estate tax or Medicaid planning.
• Failure to update beneficiary forms (after divorce, remarriage, births, or deaths) creates major problems.
• Out-of-state assets may be subject to ancillary probate where they are located.

Hypothetical example (simple family scenario)

Mary and John live in Delaware with two minor children. They want each other to inherit everything if one of them dies, and then for the children to inherit later — without lengthy probate.

A possible approach they could discuss with counsel:

1. Make a revocable living trust for the family and fund it with the house (re-title), investment accounts, and non-retirement assets. Name each spouse as co-trustee while alive; name a successor trustee to manage distributions for the children at specified ages.
2. Keep beneficiary designations on life insurance and retirement accounts current and name the trust as primary or contingent beneficiary so those assets avoid probate and are managed for the children.
3. Keep a simple pour-over will that directs any assets accidentally left outside the trust into the trust and names guardians for the children.
4. For small bank accounts, use POD beneficiary designations for ease of transfer.

This combination commonly reduces the assets that go through probate and gives parents control over how children receive inheritances.

Steps to take now (practical checklist)

1. Make an inventory of all assets and note title/beneficiary status for each (bank accounts, retirement accounts, life insurance, real estate, brokerage accounts).
2. Confirm beneficiary designations on retirement accounts and life insurance. Add contingent beneficiaries.
3. Decide whether joint ownership, POD/TOD registrations, or a trust best meets your goals for each asset.
4. If you have minor children, choose whether to create a trust for their inheritance or use custodial accounts. Name a guardian for the person and a trustee for money.
5. Draft or update a will and (if appropriate) a revocable living trust to coordinate with beneficiary designations and account registrations.
6. Review documents after major life events (marriage, divorce, births, deaths, moves, or large asset changes).
7. Consult a Delaware estate planning attorney to implement and review the plan. You can locate local attorneys through the Delaware State Bar Association: https://www.dsba.org/, and find general probate and court information at the Delaware Courts site: https://courts.delaware.gov/selfhelp/.

Helpful hints

• Beneficiary forms trump your will. Always review and align them with your estate plan.
• Name contingent beneficiaries to avoid intestacy if a primary beneficiary dies before you.
• A trust lets you control how and when children receive funds; it also reduces the items that go through probate if properly funded.
• Be cautious with joint ownership — it creates immediate rights, not just after-death benefits.
• Keep copies of beneficiary forms, trust documents, and deeds together and tell your successor trustee or personal representative where to find them.
• Minor beneficiaries usually need a mechanism (trust or custodial account) to avoid court guardianship or conservatorship — plan ahead.
• Review and update your plan every 3–5 years or after significant life changes.