What Property is Included in Probate?

Probate is the court process of proving the validity of a will and carrying out its provisions.

As a general rule, assets solely owned by a person who dies is included in his/her “probate estate.”

Property not subject to probate includes:

• Life insurance (not payable to the estate)
  Example: Servicemembers’ Group Life Insurance paid to a spouse or children

• Joint property
  Example: Bank account owned with your spouse with a “right of survivorship”

• 1/2 of community property

• Property distributed by contract
  Example: Thrift Savings Account with designated beneficiary