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LegalCornerTM - Probate and Avoiding Probate F.A.Q.'s

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Q.What are non-probate assets?

A.Non-probate assets are assets that are exempt from probate. For example property held in joint tenancy by a husband and wife will automatically pass to the surviving spouse outside of probate. Assets held in the title of a Revocable Living Trust (Living Trust or Family Trust) should pass to the beneficiaries outside of the probate process. Other types of non-probate assets include property in an account "payable at death" or "Paid on Death" and community property held by married couples in "community property states" most of which are in the West and include California.




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