This is not a substitute for legal advice.  An attorney must be consulted.

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What are exempt assets? (assets not included in probate schedule)

Certain assets owned by a decedent do not pass through probate administration because of the manner in which title (ownership) was held at the time of death. For example, life insurance and retirement accounts usually have named beneficiaries.  However, if the named beneficiary is the estate of the deceased, then the proceeds could be subject to probate. If the named beneficiaries are individuals or charities, then probate is bypassed. A second significant category of nonprobate property is property held as joint tenants with right of survivorship. At the death of the first co-tenant, the property passes to the surviving co-tenant(s) without probate administration. A revocable trust is a third category of property that bypasses probate administration. However, title to the assets held by the trust must have been properly transferred to the trust in order for them to avoid probate. See also question on why it is important to have a Will.

Copyright © 1994 - 2015 by LAWCHEK, LTD.

This is not a substitute for legal advice. An attorney must be consulted.