What goes to probate when someone dies?
When someone dies, there are several things that go through probate, or the process by which a deceased person's possessions are distributed. The main things that are handled through probate are real estate (any land and buildings), vehicles, and personal property (what you own besides real estate, like furniture and jewelry).
What doesn't go through probate: money in bank accounts, life insurance policies, stocks and bonds, retirement plans such as 401(k)s, IRAs and pensions, individual retirement accounts (IRAs), annuities, and safe deposit boxes.
Probate is the legal process of settling an estate when someone dies, and while it can be necessary in certain instances, there are also some situations where a probate court is not required. If a person passes away and leaves behind any assets that he or she named a beneficiary for (like life insurance policies, retirement accounts, real estate, brokerage accounts, etc.). then there's no need to go to probate.
In fact, the only way you'll end up in probate court is if your deceased loved one left behind assets that were not properly titled—meaning they weren't transferred to someone else's name before he or she died. In this case, it may be necessary to handle their finances through a probate court procedure in order to give the new owner of those assets legal title. Some common examples of cases where you might need to go through probate include:
-An individual who owns the property but does not have a will
-An individual who has a will but does not own any property
-The deceased person owned property jointly with another person (a spouse or close relative) and did not have a will
If you need a probate lawyer, please call this law firm for a free consultation
Parklin Law
5772 West 8030 South, Unit N206,
West Jordan, UT 84081
(801) 618-0699