If you have a will, or if you need to make one, you must understand the answer to this simple question. And I’ll make it multiple choice. If you do not know the answer, FEAR NOT, I am here and shall help you. The question is…
Q: What property does your will distribute to your chosen beneficiaries at your death?
a. Probate property b. Non-Probate property
A: Your will controls distribution of probate property not non-probate property.
Most of my clients know “probate” only as something they want to avoid but aren’t familiar with what it actually is before speaking to me. Probate is just the process during which a court determines how to distribute your property after you die.
Probate assets are distributed according to the terms of your will. If you do not have a will, the court will use state law (the laws of intestacy) to determine who should receive these assets. Certain property is called a “probate asset” because it requires a probate court order to pass the title from the deceased to his/her heir.
For example, George’s 1965 Mustang was titled only in George’s name. In his will, George left the 1965 Mustang to his niece, Savannah. George’s executor, through the probate court process, changed title of the Mustang from George to Savannah.
Probate assets may include the following:
On the other hand, non-probate property avoids the court process and passes directly to your beneficiaries. Because of its form of title or beneficiary designation non-probate property doesn’t require a probate court order to pass the title.
Examples of non-probate assets may include the following:
When planning your estate, it is vital for you to know whether your property will be probate property or non-probate property so you can take the appropriate steps to accomplish your goals for transferring your assets at your death. I encourage you to check to see how your home, vehicle and other property is titled to see how that possessions should be considered when making your estate plan.
Should you need an estate planning attorney to assist you in creating your will, keep me in mind as I near the mid-January formal opening of my completely virtual legal office. I would be honored to assist you.
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