What assets go through probate is one of the first questions families ask after a death — and it is also the question that decides how long everything will take. Probate is simply the court process that transfers property from a person who died to the people who should receive it. Not everything a person owned has to go through it.
In most cases, only a slice of the estate does. The rest passes automatically, sometimes within days. Understanding what assets go through probate helps you plan ahead, and it helps you avoid opening a court case you may not need. This guide walks through the dividing line in plain English, with real dollar figures from real state statutes.
The simple rule that decides everything
There is one test that answers most of this. An asset goes through probate if it was owned by the person alone, in their own name, with no surviving co-owner and no named beneficiary. Lawyers call this the “probate estate.” Everything else is a “non-probate” asset and passes outside the court.
For example, a checking account in one name only is a probate asset. The same account with a payable-on-death (POD) beneficiary is not. A house held alone is a probate asset. The same house held in joint tenancy with right of survivorship passes to the co-owner automatically. As a result, two neighbors with nearly identical net worth can have wildly different probate cases.
A will does not avoid probate. This surprises many people. A will is instructions for the probate court. It tells the judge who should inherit and who should serve as executor — the person the court appoints to gather assets, pay debts, and distribute what is left. Without a will, the person dies “intestate,” and state law picks the heirs instead.
What assets go through probate, and what skips it
Here is the short version of what assets go through probate versus what passes on its own.
| Usually goes through probate | Usually skips probate |
|---|---|
| Solely owned bank or brokerage accounts | Accounts with POD or TOD beneficiaries |
| Real estate titled in one name only | Joint tenancy or tenancy-by-the-entirety property |
| Tenancy-in-common shares of real estate | Assets titled in a living trust |
| Vehicles, jewelry, furniture, tools, collectibles | Life insurance with a living named beneficiary |
| Business interests with no succession clause | 401(k)s and IRAs with a named beneficiary |
| Money owed to the person (a lawsuit or final paycheck) | Transfer-on-death deeds, where the state allows them |
Notice the pattern. Beneficiary designations and co-ownership are what keep property out of court. However, there is a trap: if the named beneficiary died first and no backup was named, the asset falls back into the probate estate. Typically, the same happens if the beneficiary line simply says “my estate.”
Roughly 30 states now allow transfer-on-death deeds for real estate, largely because of the Uniform Real Property Transfer on Death Act. These let a homeowner name a beneficiary for the house itself. States that have not adopted it — including Florida and Texas, which use a different “lady bird” or TOD deed of their own — handle it differently, so check your state’s rules before relying on one.
Small estates: when the answer barely matters
Even when assets are technically probate assets, many states let families skip full probate if the total is small. This is where knowing what assets go through probate really pays off, because these thresholds usually count only the probate assets — not the life insurance or the jointly held house.
The figures are specific. In California, successors may collect personal property by affidavit if the probate estate is $208,850 or less for deaths on or after April 1, 2025, under Probate Code §13100, and they must wait 40 days after the death. In Texas, distributees may use a small estate affidavit under Estates Code §205.001 if assets excluding the homestead and exempt property do not exceed $75,000, and 30 days have passed.
Florida allows summary administration under Fla. Stat. §735.201; the long-standing limit was $75,000, and a 2026 change raised it to $150,000 for deaths on or after July 1, 2026. New York’s voluntary administration under SCPA §1301 covers personal property of $50,000 or less.
Federal estate tax is a separate question and rarely applies. For 2026, the basic exclusion amount is $15,000,000 per person, up from $13,990,000 in 2025. As a result, the overwhelming majority of families owe no federal estate tax at all — though a handful of states impose their own estate or inheritance tax at much lower thresholds.
What to do next
Start with a list, not a lawyer. Write down every asset and, next to each one, two things: whose name is on the title, and whether a beneficiary is named. That single page answers what assets go through probate for your family better than any general article can.
📨 Get Free Estate Planning Guides Alerts
Free · No spam · Unsubscribe anytime
Then call the institutions. Banks, insurers, and retirement plan administrators will tell you whether a beneficiary is on file, usually with a death certificate and a short form. Anything that comes back “no beneficiary, single owner” belongs in the probate column. Add up that column only — that number is what you compare against your state’s small-estate threshold.
If you are planning ahead instead, review beneficiary forms every few years, especially after a marriage, divorce, birth, or death. Many families can shrink the probate column dramatically with an afternoon of paperwork. For anything unclear — a business interest, out-of-state land, a blended family — check with your state’s probate court self-help center or a licensed attorney in that state.
Frequently Asked Questions
Does having a will keep assets out of probate?
No. A will directs the probate court; it does not bypass it. However, a properly funded living trust generally does keep those assets out, because the trust, not the person, holds title.
Do retirement accounts and life insurance go through probate?
Typically not, as long as a living beneficiary is named. However, if the beneficiary predeceased the owner and no contingent beneficiary was listed, the money usually falls back into the probate estate.
How much does probate cost?
It varies widely by state. California, for example, sets statutory attorney and executor fees by law — 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million — under Probate Code §10810. Many other states simply require “reasonable” compensation instead.
Where to Get Help Right Now
If you are settling an estate, you do not have to figure this out alone. Start with these free resources:
- Your state probate court self-help center — free official forms and step-by-step instructions for your county. Search “[your state] probate court self-help”.
- Free legal aid: LawHelp.org connects you with no-cost legal help if money is tight.
- Read your state’s full guide: Probate by State · Dying Without a Will by State · Small Estates by State
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified August 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Probate by State
- Dying Without a Will by State
- Small Estates & Avoiding Probate by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.