Which assets need to go through Probate?

Generally, all assets owned by the decedent at the time of death require probate to be transferred.

Assets that have a designated beneficiary are held in a trust, are payable on death, or are jointly owned with rights of survivor are usually not considered probate assets since upon the death of the decedent the ownership transfers and the asset is no longer considered owned by the decedent nor their estate. 


If you are unsure if an asset requires probate, we recommend doing the following: 

  • Checking for designated beneficiaries
  • Checking the ownership (deed/titled/account/etc.) and to see if:
    • The asset is owned by a Trust
    • The asset had joint ownership rights of survivors
    • There is a Transfer on Death (TOD) agreement


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