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  • Scott Berry

What Property Must Be Probated?

The probate estate is made up of all the property that’s distributed through probate; the remaining property is referred to as non-probate property.



In a general sense, probate assets are those owned by the decedent own alone, without any beneficiary designations, while non-probate assets are owned jointly with others or have a beneficiary designation on them. Non-probate assets passed automatically upon the decedent’s death.

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