Q: Are there any specific types of property that automatically don't have to go through probate?
A:
Yes, there are certain types of property that do not go through the probate process such as:
Financial accounts that name a beneficiary such as payable on death financial accounts
Property held in joint tenancy or another form that has the right of survivorship
Vehicles or mobile homes that have named a beneficiary
Property held by a trust
Most of the time, it's the home that puts an estate in probate. Best probate avoidance technique is to put the home in a trust.
A: Yes, there are many non-probate assets. Multiparty accounts, in which either a joint account holder or named beneficiary will receive the account upon proof of death; Joint bank accounts, and joint real property will be transferred to the survivor; Retirement and IRAs in which a beneficiary is named; and, of course, assets that have been properly funded to a trust. Also, if an asset is a probate asset, a formal probate will not be required for an aggregate value of such assets below $150,000. Instead, the successor in interest may use a summary procedure under Probate Code Section 13100.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.