Many types of property may have to pass through probate. In general, most anything that is not in joint tenancy with right of survivorship would go through the probate process upon the owner’s passing. If there is a discrepancy or disagreement on a specific item, you may need to address it with litigation.
This is far from a definitive answer. As explained on FindLaw, your estate probate situation would stem from the unique concerns of the individual who drafted the will in question. For additional context, please continue reading.
First, a brief description of probate: It is a process that seeks to settle debts and distribute assets after someone passes away. Additionally, you will typically find that the courts attempt to accomplish this process as much in line with the decedent’s wishes as possible.
Sometimes, those wishes and plans take forms other than a will. This creates a category of property that you would not typically have to address in the probate process. A simplified definition of non-probate property would be any assets held by the decedent that are not eligible for inclusion in the estate.
Absent specific and formal statements to the contrary, most property in a will would typically go to the estate. For example, you may need to list any collections, furniture, clothing, appliances, housewares and other potentially valuable personal items on the inventory you present to the court.
It is natural to worry about what may or may not have to pass through probate. However, the best place to find the answers is in a thorough analysis of your unique situation. Doing this may also help you predict to whom the assets might be distributed after your probate process is over.