{"id":298,"date":"2019-03-22T08:40:55","date_gmt":"2019-03-22T15:40:55","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/probate\/?p=298"},"modified":"2022-11-15T13:58:20","modified_gmt":"2022-11-15T20:58:20","slug":"assets-that-must-go-through-probate","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/probate\/blog\/assets-that-must-go-through-probate\/","title":{"rendered":"What Assets Must Go Through Probate?"},"content":{"rendered":"
Probate<\/a> is the legal process through which a decedent\u2019s will is validated, liabilities are settled, assets are distributed to beneficiaries, and the estate is formally closed. While probate is undeniably important, it can be time consuming and costly. Fortunately, only a handful of assets are subject to probate. With proper estate planning, most (if not all) assets can be positioned to transfer to beneficiaries outside of probate.<\/p>\n Generally speaking, assets that are titled individually in the decedent\u2019s name and don\u2019t have a designated beneficiary will need to be probated. Common probate assets include:<\/p>\n In addition to individually-owned assets, real estate that\u2019s titled as tenants-in-common (TIC) with the decedent will need to go through probate. Unlike real estate that\u2019s owned as joint tenants, the decedent\u2019s ownership share of TIC property will to pass to his or her beneficiaries, not to the surviving joint property owners.<\/p>\n Non-probate assets are able to bypass probate because they\u2019re either jointly-owned (with the exception of TIC property) or they have a designated beneficiary listed on the account, title, or deed. Some of the most common non-probate assets include:<\/p>\n Most non-probate assets are designed to automatically transfer to the joint owner or designated beneficiary upon the decedent\u2019s passing. To initiate the transfer, the beneficiary or the estate\u2019s executor will usually need to submit a copy of the decedent\u2019s death certificate to the financial institution that\u2019s holding the assets or title.<\/p>\n Note that non-probate assets also aren\u2019t liable to creditors\u2019 claims against the decedent\u2019s estate. The surviving spouse may inherit some of the decedent\u2019s debts and liabilities, but third-party beneficiaries who receive gifted assets won\u2019t inherit any liability. Even if the estate is considered insolvent and there aren\u2019t enough probate assets to cover the liabilities, third-party beneficiaries should still receive all of the non-probate assets for which they\u2019re listed as a designated beneficiary.<\/p>\n When an estate includes assets that are subject to probate, those assets won\u2019t be able to transfer title of ownership without a court order. Before that can happen, there are a few important steps that need to take place. If you\u2019re an interested party to the estate, here\u2019s what to expect in the probate process:<\/p>\n The state of Arizona has a provision that allows small estates to transfer probate assets without going through the probate process. To qualify, the estate will need to have less than $75,000 in personal property, and less than $100,000 in real estate. The court may require you to wait at least six months to file a small estate affidavit<\/a>, but the process is still significantly easier than going through the full probate process.<\/p>\nProbate Assets<\/h4>\n
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Non-Probate Assets<\/h4>\n
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The Probate Process<\/h4>\n
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The Small Estate Exemption<\/h4>\n
Do You Need Help with Probate Matters?<\/h4>\n