Which Annuities Avoid Probate? 
All annuities that have a named beneficiary avoid probate . The annuity is a contract and the named beneficiary receives the cash value of the contract as per the agreement therein . If , however , the contract does not have a named beneficiary then the cash value of the annuity will go to the contract owner 's estate at which point in time it would be subject to the probate process . 