Does All Property Have To Go Through Probate?

Real and personal property owned as a joint tenants passes to the surviving co-owners without going through probate.

Other types of benefits, such as life insurance or annuities payable directly to a named beneficiary bypass probate. Money from IRAs, Keoghs, and 401(k) accounts transfer automatically, outside probate, to the persons named as beneficiaries. Bank accounts that are set up as payable-on-death account (POD for short) or an "in trust for" account with a named beneficiary also pass to that beneficiary without probate.

If a Living Trust holds legal title to property, that also passes to the beneficiaries without probate. (The Trust is a legal entity which survives you after your death.)

If you or a loved one is in need of legal assistance, call Morton Law Offices, Chartered at (208) 344-5555 or toll free (866) WIN1NOW (866-946-1669) or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.

Idaho Probate Lawyers Disclaimer: The Idaho probate, probate law, estate planning, personal injury and/or other legal information offered herein by Morton Law Offices, Idaho Probate Lawyers, is not formal legal advice nor the formation of an attorney client relationship. Any results set forth herein are based only upon the facts of that particular case and offer no promise or guarantee on the outcome of any case. This site is not intended to solicit clients outside the State of Idaho.