What property does not go through probate?

Probate is a legal process that occurs after someone passes away. During probate, the deceased’s assets are transferred to their beneficiaries according to their will. In California, the probate process is overseen by the court system. However, not all of the deceased’s property will go through probate. Property that falls into certain categories may not need to go through probate in order to be distributed. These categories include property that is held jointly or in trust, property that has a designated beneficiary, or property that is transferable upon death. Property held jointly means that more than one person has rights to the property. This could be a husband and wife owning a house together or a parent and child owning a bank account jointly. In this case, the surviving owner will usually retain the rights to the property and it would not need to go through the probate process. Property that is held in trust is also not subject to probate. If the deceased had a trust, then their assets would be distributed according to the terms of the trust. They would have already determined who would receive the property, so the probate process is not necessary. Finally, some forms of property, such as life insurance plans and certain types of retirement accounts, are transferable upon death. This means that assets from the accounts can be transferred directly to the designated beneficiaries without going through probate. In conclusion, not all property will go through probate in California. Property held jointly, in trust, or that has a designated beneficiary may not need to go through the probate process in order to be distributed.

Related FAQs

What is an affidavit?
What is an estate inventory?
Are there any special rules for the sale of real estate by an executor?
When is an estate considered closed?
What is a lapsed beneficiary?
What happens if the executor breaches their duty?
When is probate required for real estate?
What is an executor's commission?
Can a will be revoked?
Who is entitled to receive a share of the estate?

Related Blog Posts

What You Should Know About Probate Law - July 31, 2023
Probate Law: A Comprehensive Guide - August 7, 2023
Common Issues in Probate Litigation - August 14, 2023
The Benefits of Hiring a Probate Lawyer - August 21, 2023
What is Intestate Succession? - August 28, 2023