When is Probate Required?

Probate is required when a deceased person owns “probate assets” in their name alone that don’t automatically pass to someone else. Probate assets include:

• • any assets titled in the decedent's name alone without any designation of a beneficiary
  • assets titled as tenants in common
  • life insurance designating decedent's estate as beneficiary
  • retirement plan or IRA designating decedent's estate as beneficiary.

• Non-Probate Assets Include:
  • titled solely in the decedent's name with a payable on death/transfer on death
  • titled as tenants by the entirety or joint tenants with right of survivorship
  • life insurance designating beneficiary other than decedent's estate
  • retirement plan or IRA designating beneficiary other than the decedent's estate.