What property does not go through probate?

In Washington, certain types of property do not go through probate. This property is called non-probate property. Non-probate property includes assets that have been co-owned or have a named beneficiary. Property that is owned as joint tenants with rights of survivorship, and property that has been transferred by contract, such as life insurance or retirement accounts, are examples of non-probate property. Non-probate property passes directly to the designated beneficiary without going through probate. Trust assets are also considered non-probate property. A trust is a legal agreement in which a person or entity, called a “grantor”, creates an asset to be managed by a “trustee” for the benefit of a designated “beneficiary”. The asset that is placed into the trust, such as money or property, is considered non-probate property. When the grantor dies, the asset is distributed to the beneficiary directly from the trust and does not need to go through probate. Finally, community property does not go through probate. Community property is property that a married couple owns together. Washington is a community property state, which means that when one spouse dies, the surviving spouse automatically owns the community property, regardless of what the will may say. This property does not need to go through probate. In summary, certain types of property do not go through probate in Washington. These include non-probate property, trust assets, and community property. Knowing which assets do and do not pass through probate can help ensure that the rightful beneficiaries receive their rightful inheritance.

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