{"id":216,"date":"2019-03-22T08:40:53","date_gmt":"2019-03-22T15:40:53","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/probate\/?p=216"},"modified":"2022-11-14T14:41:21","modified_gmt":"2022-11-14T21:41:21","slug":"what-needs-to-go-through-probate","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/probate\/blog\/what-needs-to-go-through-probate\/","title":{"rendered":"What Types of Assets Need to Go Through Probate in Arizona?"},"content":{"rendered":"

Introduction<\/h2>\n

When you\u2019re trying to determine which assets need to go through probate<\/a>, it\u2019s important to consider how the asset is titled. Generally speaking, assets that are titled solely in the decedent\u2019s name need to be probated, while assets that are jointly-owned or have a designated beneficiary can transfer ownership outside of probate.<\/p>\n

For example, a car. If the car in question is titled individually in the decedent\u2019s name, it\u2019s safe to assume that the car will need to go through probate. If the vehicle title lists a joint owner, then the car will automatically transfer to the joint owner.<\/p>\n

In the latter scenario, you may need to mail a copy of the decedent\u2019s death certificate to the title company for them to remove the decedent\u2019s name from the title, but you won\u2019t need to do anything to actually transfer ownership to the joint owner.<\/p>\n

What is Probate?<\/h4>\n

Probate is the legal process of transferring ownership of a decedent\u2019s property to his or her heirs. The process typically involves validating the decedent\u2019s will (if applicable), settling the decedent\u2019s liabilities, and distributing the remaining assets. These activities are usually handled by the estate\u2019s personal representative<\/a> (aka the executor).<\/p>\n

Assets That Are Subject to Probate<\/h4>\n

When someone passes away, all of the assets in his or her name are locked until an authorized person transfers the assets to the rightful heir. Assets with a joint owner or designated beneficiary may be unlocked and transferred by the financial institution or title company with a copy of the death certificate and some light paperwork, but individually-owned assets can only be unlocked by an authorized personal representative and transferred by a probate judge. Without probate, individually-owned assets would remain frozen in the decedent\u2019s name indefinitely.<\/p>\n

Assets that are subject to probate include:<\/p>\n