I'm not a lawyer but from what I have learned, through researching, is a will is not enough to avoid probate.
Every state has a threshold. If your total assets are above that threshold you have to go through probate court, you DO NOT have a choice. In some states the amount is only $1
I think here in Florida the threshold is like $500. Don't quote me on that. You should check for your state.
In fact these days a will is pretty much a useless document. Ok maybe not useless but it's not the strong document it used to be.
Thank you blood sucking lawyers!
The only way to avoid probate and have up to 25% of the total assets spent in legal and court fees it to put yourself in a trust. This is actually an easy thing to do though a lawyer will never tell you that or even help you make one.
Basically you make yourself into a trust and put all your assets in the name of that trust. For example if the trust name is "Harry's living trust" you go down to the court and get a quitclaim deed on the house in that name. That's a very easy thing to do. You get all deeds and titles in the trusts name. Personal property automatically is in.
When this is done you don't have to go through probate. AFIK this is the only way.
Of course there is an executor of the estate assigned and all that.
I would urge you to go to the library and read up about trusts and get your parents in one fast.
Or read up on-line.
http://www.savewealth.com/planning/estate/probate/
I went to the library and found a book with a CD that had all the forms you need in it.
DAnny
PS sorry to hear about your Dad and your situation.