do not name a specific “pay-on-death” beneficiary. For instance, many retirement accounts (e.g., IRA) and life insurance policies require the person to designate a beneficiary at the person’s death. Such designations usually control over will provisions naming the beneficiaries for such asset. For this reason, the beneficiaries for these type assets need to be reviewed to confirm that they reflect the person’s intentions.

Assets which are not subject to probate generally include assets the decedent owned:

  • Jointly with the decedent’s spouse as “tenants by the entireties”
  • Jointly with one or more others as “joint tenants with right of survivorship”
  • Individually, but with a named beneficiary on the document that controls ownership (e.g., life insurance policy, retirement account, bank account, investment account, annuity)
  • Assets held in a revocable trust or in an irrevocable trust. 


Please see Frequently Asked Questions in this website for additional information.


Estate Planning


Wills & Trusts


Access the Estate Planning Questionnaire and call 
(850) 523-9300 to schedule an appointment

In a nutshell, probate is a court supervised process to:

  • Identify and gather certain assets of the decedent
  • Notify interested parties (which includes estate beneficiaries and creditors) about the probate estate
  • Pay the decedent’s creditors
  • Distribute the remaining probate assets to the beneficiaries.


Assets which are subject to probate generally include assets that were owned solely by the decedent and which 

Probate

(850) 523-9300

Dariotis Law