Probate-Non-Probate

Probate-Non-Probate Attorney in Columbus, Ohio

Rathburn & Associates is here to help protect your assets and family estate from Ohio Probate as much as possible. A significant part of our practice is helping families prepare for a death to occur with estate planning along with helping families with legal needs after death. An estate plan does not need to be complex, and you can rely on our estate planning law firm in Columbus, Ohio, to assist you with creating one. Our legal team is highly experienced in legal matters that affect families both before and after a loved one has passed away.

Certain property types that do not need to go through this process regardless of what a will says. For this reason, you need to trust a probate attorney in Columbus, Ohio, to help you through the process. Jointly held accounts, real estate, and vehicles with survivorship rights should be transferred right away. If you are unsure which of your or the deceased’s assets are non-probate, get in touch with us, and we will be happy to clear that up for you.

rathburn and associates probate lawyer

Probate vs. Non-Probate

Non-Probate Assets

Non-probate assets could be claimed by beneficiaries without the involvement of the probate court. Wills do not control these assets. Non-probate assets are those assets with a beneficiary designation or held as joint tenants with rights of survivorship. Non-probate assets could include assets held by a Trust or with a Trust listed as the beneficiary. These assets will pass directly to the named beneficiaries. Examples could include IRAs, life insurance policies, annuities, 401(k)s, and more.

Probate Assets

Probate assets are the assets held in the decedent’s name only, usually with no beneficiary designation, and are not held as joint tenants with rights of survivorship. These assets are usually required to go through probate court to be distributed according to the decedent’s will. Examples could include stock, real estate, or a bank account in the decedent’s name.

It is important to consider both probate and non-probate asset options when you are deciding who will benefit from your estate and to what degree. Even with a trust, it is still possible to end up with probate assets if the trust is not written properly, funded, or if beneficiary designation is not updated appropriately.