Q: What if a non-probate asset is listed in a Will?
If you were appointed by the court to handle the estate or, if you were to file a petition to determine success to real property, and discover that an asset listed in the Will turned out to be a non-probate asset, wouldn't you leave that out of the Inventory and Appraisal forms since they only deal with probate assets? Would they need supporting documents showing that they were jointly owned and thus not subject to probate?
A: Yes, if you were appointed to be the executor of an estate, you would omit any assets from the estate inventory that pass by some other means, such as by right of survivorship or by beneficiary designation or by spousal property petition. You’re not eligible to file a petition to determine succession to real estate if you’re required to file a probate.
A: You are correct that non-probatable assets are left off the Inventory and Appraisals.
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