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Which assets of a deceased person require probate?
Probate is the legal process where a court validates a will, appoints an executor/personal representative, and oversees the administration and distribution of a deceased person's estate.
Assets that require probating are those held in the deceased person’s name, only, at the time of their passing – i.e. assets that are not jointly-held or do not have a beneficiary designation (unless the beneficiary is the Estate of the decedent).
Life insurance policies (that are not payable to the Estate of the decedent), transfer-on-death accounts/payable-on-death accounts, jointly-held real property or bank accounts, for example, do not require probate.
If you have questions about Probate matters or the Probate process, please contact Partner Hunter Moreland or Juli Findling, our Senior Paralegal Probate specialist.
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