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What Assets Pass Without Going Through Probate Court?

For many families, the vast majority of a loved one's assets are not actually subject to probate court proceedings after they die.  If a married couple jointly owns their home, title automatically passes to the surviving spouse.  Retirement and other investment funds will also pass automatically, if you have provided beneficiary designations to the financial institution.  Life insurance proceeds also pass automatically so long as the designated beneficiaries are still alive.

A quick check before someone passes to make sure that beneficiary designations are up to date can save the family a lot of time and money down the road.  If you jointly own real estate with someone who is not your spouse, you should also check to be sure that the property is held as "joint tenants" and not "tenants in common."  Joint tenants have a right of survivorship- meaning title automatically passes to the surviving owner.  Tenants in common do not, which means the deceased owner's share would have to be probated.

Remember, though, that all of these non-probate assets still count toward the $1 million trigger for estate taxes in Massachusetts.  This means if the combined life insurance, real property, and bank and investment accounts total $1 million or more you will have to file an estate tax return, which will require opening a probate matter.



Learn more here about non-probate assets in Massachusetts.

Need Help With a Parent's Estate?

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  • Home
  • About
    • Slnlaw Offices
    • Fees and Payment
    • Privacy Policy
    • Publications and Interviews
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Andrew Silvia
    • Elijah Bresley
  • Reviews
  • Contact
  • Blog
  • Employment Law Solutions
    • Employment Law MA
    • Discrimination in the Workplace
    • Employment Termination
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
    • Equal Pay Act
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Massachusettts Unemployment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs