Understanding Probate Property

Probate is a process in which a court determines the validity of a will as well as the property distributed to beneficiaries. If you are planning or writing your will, you may wonder which of your assets will pass through probate court. There are many factors that can affect this, such as what type of estate planning you do. This is because trusts and wills may result in different assets passing through probate.

Probate Assets

In general, anything of which you are the sole owner and which is not covered in a will, trust, or other legal document will go through the process of probate upon your demise. Things that are jointly owned or that automatically pass to a beneficiary after your death—such as a life insurance policy—usually do not pass through probate. The following are examples of items that may go through probate court, assuming you were the sole owner:

  • Moneys in bank accounts
  • Homes and other properties
  • Vehicles
  • Jewelry
  • Family heirlooms
  • Intangible assets, such as patents and copyrights

If you have a well-prepared will at the time of your demise, the probate process can be simple and save your beneficiaries a great deal of agony and frustration. If you pass away without a properly prepared will, or if your will does not cover all your assets, the time in probate may take longer.

Contact Us

Sorting through the details of probate property versus non-probate property can be confusing. It is important to make sure that your property will be distributed to your beneficiaries according to your wishes. Make sure that you understand which of your assets will pass through probate and how they will be handled by contacting the Houston wills and trusts attorneys of Garg & Associates, P.C., by calling 281-362-2865.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.