What is the difference between probated and non-probated assets?

Probate law in California is the legal process of administering the estate of a deceased person. An important part of this process is distinguishing between probated and non-probated assets. Probated assets are those assets that are subject to full probate court administration. These assets are included in the deceased person’s estate and can include cash, bank accounts, investments, real estate, and other personal property. The court will appoint an executor to manage the estate’s assets and ensure they are distributed to beneficiaries according to the instructions of the deceased’s will. Non-probated assets are not subject to court administration and are distributed to the beneficiaries without going through the court process. These assets may include items such as retirement accounts, insurance policies, and joint accounts held by the deceased with another individual. Non-probated assets are distributed according to the instructions indicated in the associated documents, such as a beneficiary designation form. The main difference between probated and non-probated assets is the way in which they are handled and distributed after the death of the estate owner. Probated assets are distributed through the probate court and must be administered according to the instructions of the deceased’s will. Non-probated assets are distributed directly to the beneficiaries without passing through the court process.

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What is the difference between probated and non-probated assets?

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