Or did deceased person own the property jointly, with someone else? If so, what type of co-ownership is listed on the deed or other title document-for example, "as joint tenants with right of survivorship" or "as tenants in common"?.Did the deceased person own it solely-for example, real estate or a car titled in the deceased person's name alone?.Assets That Might Need to Go Through ProbateĪs an initial question, ask how the deceased person owned a particular asset. That's good news because any property that doesn't need to go through probate can be transferred to inheritors much more quickly. It doesn't necessarily mean that every single thing the deceased person owned will have to be included in the probate process. If you need to take an estate through a probate court proceeding, don't despair. Even if the property needs to go through probate, the estate might be eligible for a simplified form of probate that can save time and money.Many categories of property-such as retirement accounts with a named beneficiary-will automatically skip the probate process. If the deceased person owned the property alone, or jointly but without "right of survivorship" (for example, as a tenancy in common), it might need to go through probate. ![]() ![]() To find out if an asset will need to go through probate, first ask how it was owned.
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