In most cases, probate is the standard legal process for managing an individual’s estate after death. The assets can help cover their debts and other financial obligations they left behind. However, their properties can skip probate in specific scenarios, depending on the circumstances.
Some people may plan during their lives and create arrangements to avoid probate. There might be no guarantee unless the arrangements are legally sound and remain effective despite changing situations. In any scenario, it is possible for assets to skip this process if they meet specific conditions, including the following:
- The deceased transferred ownership of their assets to another person, which could be subject to specific costs.
- They had joint ownership with someone else, whether their spouse, child, relatives or friends.
- The deceased has designated beneficiaries for retirement and bank accounts, naming them before death.
- They established a trust during their life and were able to transfer their properties into it.
Even if the assets are eligible to forego probate, the deceased’s will is still relevant and requires proper filing if it exists.
Getting help with probate concerns
Aside from determining which assets to probate, other procedures related to the process can be confusing and overwhelming. These issues can be too much for someone without experience as an executor.
Fortunately, it is possible to seek legal guidance from those who have more knowledge about the ins and outs of the process. Taking this route may seem excessive, but it can significantly lighten the load on the executor’s shoulders, especially if the surviving family members are still reeling from the loss.
