---
title: "“Which Assets Actually Go Through Probate?” Differentiating between probate and non-probate assets."
url: https://farimarealty.com/which-assets-actually-go-through-probate-differentiating-between-probateand-non-probate-assets/
date: 2026-06-25
modified: 2026-09-07
lang: en
author: "Sarada De"
description: "Q. What assets usually must go through probate? A. Assets owned solely in the deceased person's name, with no designated beneficiary or co-owner, generally must go through probate before they..."
categories:
  - "Probate sale"
image: https://farimarealty.com/wp-content/uploads/2026/06/probate-and-non-probate-difference-1024x683.png
word_count: 211
---

# “Which Assets Actually Go Through Probate?” Differentiating between probate and non-probate assets.

## Q. What assets usually must go through probate?

A. Assets owned solely in the deceased person's name, with no designated beneficiary
or co-owner, generally must go through probate before they can be transferred to heirs.

## Q: Does jointly owned property go through probate?

A: Usually not. Property owned jointly with rights of survivorship automatically transfers
to the surviving owner without going through probate.

## Q: What are POD and TOD designations?

A: Payable-on-Death (POD) for bank accounts and Transfer-on-Death (TOD) for certain
assets allow those assets to pass directly to the named beneficiary, avoiding probate.

## Q: Do retirement accounts and life insurance policies go through

A: In most cases, no. If a valid beneficiary is named, retirement accounts, such as
401(k)s and IRAs, and life insurance proceeds are paid directly to the beneficiary
without court involvement.

## Q: Can an asset still end up in probate?

A: Yes. If there is no surviving joint owner, no valid beneficiary, or the estate itself is
named as the beneficiary, the asset may become part of the probate estate.

#### 🏡 Do you have a Probate Real Estate Questions?

[![](http://farimarealty.com/wp-content/uploads/2026/03/farima-image-4.png)](https://farimarealty.com/meet-farima/) [ Farima Tabrizi | Probate & Senior Real Estate Specialist ](https://farimarealty.com/meet-farima/) **CONTACT :** 858-382-8698** || ****DRE:** #01341835

#### To ensure you have the correct legal answer, please consult a probate attorney.