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Probate vs. Non-Probate Assets: What Goes Through Court? (2025)

ProbateCalculator.org Editorial Team
Attorney-Verified2025 Data

When someone passes away in 2025, their wealth is split into two buckets. One bucket is frozen by the court (Probate), while the other flows directly to heirs (Non-Probate).

Bucket 1: The "Frozen" Probate Assets

  • 01.Real Estate owned solely by the deceased
  • 02.Personal Property like jewelry and vehicles
  • 03.Solo Bank Accounts without POD
  • 04.Private Business Interests

Bucket 2: The "Fast-Track" Non-Probate Assets

  • 01.Joint Property with Right of Survivorship
  • 02.Assets in a valid Living Trust
  • 03.Beneficiary Assets (Life Insurance, 401ks)
  • 04.POD/TOD Accounts

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Frequently Asked Questions

Does life insurance go through probate?

Usually no. As long as there is a named beneficiary (other than the estate itself), life insurance proceeds are paid directly to that person outside of probate.

Is a house always a probate asset?

No. If the house is owned jointly with right of survivorship or held in a trust, it is a non-probate asset and skips the court process.

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