Q: What if a person doesn’t go through probate, does the property go to the decendents
A: Probate IS the process by which property of a decedent is retitled.
A: A "person" doesn't go through probate, because the person is dead. An estate goes through probate. If the estate doesn't go through probate, then property doesn't change title unless the title passes outside of probate, such as a joint tenancy with rights of survivorship, a life insurance policy, a bank or brokerage account with a designated beneficiary, or, in some states, real estate. Property subject to probate does not go to the descendants if it does not go through probate.
A:
Whatever someone dies owning titled in their sole name becomes part of their probate estate. Other property (such as jointly owned real estate, bank accounts, life insurance with named beneficiaries, etc.) may go directly to named beneficiaries or co-owners. The beneficiaries (people inheriting by title) may be descendants or other relatives.
That being said, in Maryland, if property is still in the deceased person's name, it must go through probate before it can be disbursed to the heirs.
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.
