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Do all assets have to go through probate?
Short answer: no. Only probate assets do. Here's how to tell the difference — and why it matters for your family.
Watch
Nicole explains what actually goes through probate.
A short, plain-English breakdown — under three minutes.
The Short Answer
No — only probate assets go through probate.
Not all assets have to go through probate. Only probate assets do. So what is a probate asset? It's usually an asset that's just in an individual's name. Let's say John passes away. If John has a bank account, an investment account, or CDs in his name alone, those are probate assets — because they're individually owned.
If John also has retirement accounts but those accounts don't list any beneficiaries, those become probate assets too. The same is true if a retirement account or life insurance policy lists beneficiaries who are already deceased. And if John owned a business, his business interest is also a probate asset.
Probate assets are simply individually owned assets, or assets that don't have a beneficiary directing where they should go. Non-probate assets are anything that's jointly titled or has a valid beneficiary designation. When John passes away, he could have both — but only the probate assets, the ones in his name alone, would have to go through probate.
Probate Assets
Examples of assets that DO go through probate.
If it's owned individually with no beneficiary, plan on it going through probate.
Solely owned bank accounts
Checking, savings, or CDs held in only one person's name with no payable-on-death beneficiary.
Investment accounts in one name
Brokerage or investment accounts owned individually without a transfer-on-death designation.
Retirement accounts with no beneficiary
An IRA or 401(k) without a named beneficiary — or one whose beneficiaries have all passed away.
Life insurance with deceased beneficiaries
Policies whose listed beneficiaries are no longer living, with no contingent beneficiary on file.
Business interests
An ownership stake in a business held in the deceased's individual name.
Real estate held solely
Property titled in one person's name with no joint owner or recorded beneficiary deed.
Non-Probate Assets
Examples of assets that skip probate.
Anything jointly titled or with a valid beneficiary designation passes outside the probate process.
Jointly titled accounts and property
Joint bank accounts and real estate held in joint tenancy with right of survivorship pass directly to the surviving owner.
Accounts with named beneficiaries
Retirement accounts, life insurance, and POD/TOD accounts pass directly to the named beneficiary.
Assets held in a trust
Anything properly titled in the name of a revocable living trust is distributed by the trustee — no probate required.
Beneficiary deeds on real estate
Arizona allows a recorded beneficiary deed that transfers property at death without probate.
Your Phoenix Estate Planning Attorney
Find out what your family would actually face.
Nicole Pavlik is an experienced Phoenix estate planning attorney who will help you create a comprehensive estate plan — and review what would and wouldn't go through probate today.
If you have questions about probate or estate planning, call Nicole Pavlik Law Firm today at (602) 635-6176 for a free consultation.
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Google
"Found Nicole online... thanks to her stellar reviews. Easy to work with, thorough, and pretty straightforward process. Would recommend."
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Vikas Khanna
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Google
"Nicole and her team have been extremely helpful, knowledgeable, professional, and kind. We have such peace of mind going with Nicole."
SS
Shauna S.
Verified Google Review
Google
"From initial communication through final signatures and continued support — just fantastic. Recommend her 100% for your Phoenix, AZ estate planning attorney."
AP
Anthony Polletta
Verified Google Review
Google
"Nicole and her team are wonderful to work with because of their timeliness, expansive knowledge, and attention to detail."
DJ
Dylan Jones
Verified Google Review
Google
"Nicole and her staff did an excellent job of making a seemingly complex process simple. I would highly recommend her."
MA
Marc A. Morales De Castillo
Verified Google Review
Google
"Nicole's expertise and attention to detail in preparing our estate documents were commendable. They made the complex task of estate planning easy to navigate."
JC
Jim Cantwell
Verified Google Review
Google
"Nicole and her team supported very well in writing a will, it was pretty smooth and they were very transparent in explaining all the details."
DS
Durga Sirigirisetti
Verified Google Review
Google
"Every step of the process was a well-oiled machine. The process was easy to follow and seamless. Happy to recommend them to anyone."
MP
Melissa Panks
Verified Google Review
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