Q: Does an IRA w/ no beneficiaries need to go thru Probate if the Will passes all assets in estate to Revocable Trust?

A: When an IRA is owned by an estate as a result of having no beneficiaries, the estate must go undergo probate administration to transfer those assets in accordance with the terms of a will. Genrally, a will must be admitted to the probate court in order for assets belonging to the estate to be distributed.

A: I am very sorry for your loss on the passing of your father and please accept my condolences for you and your family at this sad time. Yes, a probate will be necessary for all assets that have not already been titled in the name of the Trust, the Will you are referencing appears to be a pour-over-will, this means that upon probate completion that the assets will be put into the Trust. Assets with named beneficiaries will go to those beneficiaries directly outside of probate and outside of the trust, as in, they own them outright, assets with no beneficiary or in your father's name alone, will need to be probated. You will need to speak with and work with a Florida Probate Attorney. As far as the specific IRA you mentioned, it appears that it will need to be probated. If there is a surviving spouse, there are other issues you need to deal with related to spousal rights and homestead rights potentially no matter what a Will or Trust may say, there is a lot you will need to discuss, think about and address. Remember, an asset is not a Trust asset if it was not put into the name of the Trust, therefore it will likely need to be probated.