What Assets Go Through Probate?

Many people don’t understand the complexities of probate court and settling an estate until they experience it firsthand. One question our probate lawyers in Palo Alto frequently hear from confused clients is, “What assets go through probate?” Learn more about eligible assets below so you can navigate the process with minimal confusion.

Probate Court Explained

Before reviewing probate vs. non-probate assets, it’s important to understand the legal process of settling an estate. When someone dies, their estate may be subject to probate court. An executor named in their will or an administrator appointed by the court is in charge of managing the estate until it settles.

This includes:

• Notifying creditors of the person’s death
• Paying off any outstanding debts or taxes
• Distributing assets to the appropriate heirs

When it comes to understanding probate and its complexities, you may find it helpful to work with an estate lawyer. Not only can they explain executor duties, but they can also help you determine which assets are part of the probate estate and which are exempt.

Understanding Probate Property

What assets go through probate? If the decedent does not have a will or fails to name beneficiaries, any item they solely own will be subject to probate.

Suppose a 35-year-old unexpectedly passes away without a will. They were unmarried and had no children, but owned their own house and car. These assets will likely make up their estate inventory along with other potential probate property, such as:

• Bank accounts
• Stock and bond investments
• Retirement accounts
• Business assets
• Personal belongings like jewelry, electronics, and clothing

Just because the decedent didn’t have a will doesn’t mean that their loved ones can’t inherit any assets. A court-appointed administrator will manage the estate like an executor and distribute assets according to the state’s intestacy laws.

Can Some Assets Avoid Probate?

Even if someone doesn’t have a will, some of their assets may be considered non-probate property. So, what assets go through probate in this case?

Any type of account with a beneficiary designation can skip going through probate and won’t be considered part of the estate’s total value. This includes:

• Life insurance policies
• Retirement accounts
• Health savings accounts

When someone sets up these accounts and policies, they can make them payable on death by naming one or more beneficiaries. Failing to do so could render the assets subject to probate. A transfer-on-death designation is possible for property like cars and real estate, which would keep these assets out of probate.

Suppose the decedent has joint ownership of certain assets. Upon their death, the surviving owner will receive their interest in the asset to keep it out of probate. This typically extends to married couples who own real estate together or share a joint bank account.

Finally, trust assets are not subject to probate. Some people set up a trust rather than a will to protect their estate.

They will appoint a trustee who will hold some of the same duties as an executor of a will. This individual is responsible for distributing assets within the trust and abiding by instructions set up by the trustor.

Are Household Items Part of a Probate Estate?

If you ask an estate lawyer what assets go through probate, they’ll tell you that it depends on the decedent’s designations. Household items and personal belongings, like clothing and furniture, are typically subject to probate. An executor will have to take inventory of these assets to see how much value they add to the estate.

It’s possible for someone to keep certain belongings out of probate by naming a beneficiary in their will or living trust.

For example, say an older woman owns many pieces of valuable jewelry. She could decide to leave each piece to different female relatives by listing the items in her will or living trust. At the time of her passing, the beneficiaries can inherit the jewelry and therefore reduce the size of the estate.

How To Determine When Probate Is Necessary in California

As of 2025, California requires the involvement of a probate court for estates valued at more than $208,850. Suppose someone owns a house worth $500,000, a car valued at $30,000, and $700,000 in their banking and retirement accounts. At first glance, all of these assets would be subject to probate since their worth exceeds the state’s minimum.

However, if the house is jointly owned with a spouse and the bank and retirement accounts are deemed payable on death (also to their spouse), the only probate property would be their car. As its value is below the threshold, the decedent’s estate may not need to go through probate.

Why Estate Planning Matters

Individuals and their loved ones benefit from comprehensive estate planning. Death is an unavoidable part of life, but the loss of a loved one can be even more difficult for families facing unresolved legal issues. Once you know what assets go through probate, you can take steps to ease your family’s burden after your passing.

For instance, if you’re married and own a home with your spouse, your ownership can immediately transfer should one of you pass away. But what about your investment accounts, vehicles, and other property?

Consider setting up a beneficiary who will receive these assets upon your death without probate. Your stock portfolio, for example, could include a payable-on-death designation to a person of your choosing. Likewise, your vehicle could have a transfer-on-death registration.

Thorough estate planning is crucial. It allows you to put your final wishes in writing and can also simplify settling your estate in the future.

Seek Advice From an Experienced Estate Lawyer

Knowing what assets go through probate can be helpful when it comes to your own estate planning. Whether you’re an executor tasked with settling debts for a loved one or want to plan for your future by creating a will or trust, Radiant Probate & Estate Law, Inc. may be able to help.

For more clarity on common concerns and procedures, you can review answers to common questions about estates to better understand how estate planning and probate work.

We assist clients with complex estate plans and guide them through the probate process. Contact our Palo Alto-based firm today at (650) 549-9620 to schedule a consultation.