Probate v Non-Probate Assets
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Your "probate" estate, as opposed to your "non-probate" estate, consists of all property governed by your last will and testament. Generally, these probate assets consist of real estate, personal property and financial accounts titled in your name solely or jointly, with no beneficiary designated in the instrument itself to take the property after your death. Also included in your probate estate are funds payable to your estate after your death and property over which you have a power of appointment at the time of your death.
"Non-Probate" assets are not controlled by your will and pass by operation of law at the time of your death to the joint owner, named beneficiary, or remainderman. Non-probate assets may include, but are not limited to the following:
- Jointly owned assets with survivorship rights, such as joint bank accounts, stocks or real estate;
- Retirement accounts payable by beneficiary designation;
- Life insurance policies payable to a designated beneficiary;
- Property held in trust during your life; and
- Property in which you hold a "life estate."
Property ownership and beneficiary designations must be carefully coordinated with your will to minimize income and estate taxes and assure that the proper persons receive their inheritances.
If you were named as executor or if you may serve as fiduciary in the estate of a loved one who has died in Gwinnett County or metro-Atlanta, and you would like to learn more about your options, Charles Scholle can help. Based in Gwinnett County, the Law Offices of P. Charles Scholle represents clients throughout Metro Atlanta and the State of Georgia. To discuss your case at a free, confidential phone consultation, please contact the firm online, Email, or call 1-866-972-5287 nationwide and (770) 717-5100 in Atlanta.