How Nonprobate Transfers Work

Nonprobate 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. Nonprobate transfers require no court proceedings and so this is a much faster process than a standard probate transfer.

Nonprobate 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 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 nonprobate transfer without issue, and other materials may also be required according to the specific asset that is being transferred. Although a nonprobate 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 nonprobate transfer such as property, motor vehicles, life insurance policies and retirement plans to name a few. Other assets may go through traditional probate administration.

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. Our firm focuses on providing the highest level of estate planning services to our clients and can make the process as smooth as possible.

Contact an estate planning lawyer if you have questions about a non-probate transfer issue and would like to speak with a legal professional. Call 408-918-9030.