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So, a probate asset is an asset that is
solely in the deedent’s name with no
co-owner and no designated beneficiary
at the time of his or her death. So, an
example would be if you have a house and
it’s only in your name. If I die and my
hi house is titled jointly in my and my
husband’s name, it goes to him. So, it’s
not a probate asset. So, a probate asset
is an asset solely in the deedent’s
name. No co-owner, no designated
beneficiary. And by the way, a will only
comes to play if there’s an asset solely
in the deedent’s name. It’s the last
ditch effort to distribute somebody’s
estate. So, if assets are in a trust, if
there’s a beneficiary designation, or
you jointly own real estate, there won’t
be a probate because it’s not a probate
asset.
Denver, CO estate planning & probate attorney Andrea Mahoney talks about the types of assets that are subject to probate.
