Q: My mom passed away a couple of months ago. Does her will need to be filed in probate for the contents of her house?
Her house and vehicles had a TOD, bank account was joint with someone else. Her will states that things are to be split equally between the children. Are the house, vehicles and bank account exempt from the will and having to be split? Does her will need to be filed in probate for the contents of the house?
A: Assets that have proper TOD designations are not probate assets. Personal property and other accounts or items without TOD could require her estate to be opened to transfer those items. Use the Find a Lawyer tab to consult a local probate attorney who can review the assets with you and advise you if the will must be filed.
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