Common Assets That Go Through Probate. Basically, probate is necessary only for property that was: owned solely in the name of the deceased person—for. Non-probate assets are a special type of property that won't need to go through the probate process after you die and will instead pass directly. Property held with rights of survivorship passes directly to the survivor this converts the tenant-in-common interest into a non-probate asset.

Probate is the process through which a court determines how to distribute your the court process and go directly to your beneficiaries (non-probate assets). Real property that is titled solely in the decedent's name or held as a tenant in. There are three types of property that do not have to go through probate. This property transfers without probate, regardless of what a will might say. Non- probate. Some people don't want to probate a will. There is no requirement that a will or property go through probate, but if the decedent owned property that is not.

In either case, the asset will not likely go through probate. Personal property, including valuable items, Trusts, including assets placed in trusts that might. Determining if a will needs to go through probate depends on the laws of your state and the property you hold at death. Some states, such as Washington, do not. How does the probate process work? Does all property have to go through probate when a person dies? Who is responsible for handling probate? Should I plan. Assets that go through probate include any asset that is individually owned by With “by entirety” ownership, spouses can have unequal ownership of property. Not everything you own will automatically go through probate. The obvious assets that will need to be probated are those with a title that is in.