Executor’s Checklist
Determine if probate is necessary.
Whether probate is necessary often depends upon the size of the estate, after all the non-probated assets (anything that can be transferred outside of probate) are removed. Even if probate is required, many states have streamlined procedures for small estates.
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Probate isn't necessary for many common assets. No probate is necessary to:
pass real estate and other assets owned in joint tenancy to the surviving joint tenant
transfer bank accounts and securities registered in "payable on death" form to beneficiaries
transfer funds in IRAs and retirement plans to named beneficiaries
transfer property left to the surviving spouse (in some states), or
transfer assets held in trusts (such as living trusts or AB marital bypass trusts) to named beneficiaries.
AND MUCH MORE...
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