How Non-Probate Transfers Work
Non-probate transfers occur upon a person's death when their assets
are transferred to a specific beneficiary due to the terms outlined in the
will, how the property is titled, or resulting from a trust. Non-probate transfers
require no court proceedings and so this is a much faster process than
a standard probate transfer. Non-probate transfers commonly occur with
the death of a spouse, where the surviving spouse automatically becomes
sole owner of the assets. There are a variety of issues that may arise
with the death of a loved one, however, and a knowledgeable San Jose estate
planning attorney may be necessary to give you the best chance at navigating
through the process.
A certified copy of a death certificate will be required in order to complete
the non-probate transfer without issue, and other materials may also be
required according to the specific asset that is being transferred. Although
a non-probate transfer is widely considered to be automatic in many circumstances,
a legally-accepted will is still suggested to cover the many assets that
do not qualify. There are a variety of different types of assets that
do qualify for non-probate transfer such as property, motor vehicles,
life insurance policies and retirement plans to name a few. Other assets
may go through traditional probate administration.
Non-Probate Transfer Assistance in San Jose
Although non-probate transfers may go very smoothly in some cases, there
are many scenarios where obstacles may arise.
WealthPLAN, PC has a deep understanding of probate matters and knows what it takes for
an asset to be eligible for non-probate transfer, as well as the procedure
required to complete a non-probate transfer for many different assets.
The firm focuses on providing the highest level of estate planning services
to their clients and can make the process as smooth as possible.
Contact a San Jose estate planning lawyer
if you have questions about a non-probate transfer issue and would like
to speak with a legal professional.