What type of property can pass outside of probate through techniques like inter vivos trusts?

The type of property that can pass outside of probate through techniques like inter vivos trusts is referred to as will substitutes. These are mechanisms created during a person's lifetime that allow for the transfer of assets at death without the need for probate proceedings. Inter vivos trusts, payable-on-death accounts, transfer-on-death deeds, or joint ownership arrangements are classic examples of will substitutes, as they facilitate the direct transfer of property upon the death of the owner.

The defining feature of will substitutes is that they enable the avoidance of probate, which often saves time and costs associated with the probate process. By utilizing these mechanisms, individuals can designate beneficiaries directly for their assets, ensuring that those assets are passed on efficiently upon their death.

In contrast, property governed by intestacy laws would pass according to state law in the absence of a will, meaning it would go through probate. Property specifically excluded from a will and property subject to survivorship rights may also have different procedures or implications for transfer upon death, but they do not function as will substitutes in the same way as inter vivos trusts do.