After a death, grief and logistics arrive together. You may be planning a service, calling relatives, and trying to keep the household running—then a bank tells you an account is “frozen,” a bill is due, and someone asks whether you “have to go through probate.” This guide explains what assets avoid probate and what usually does not. It is general education, not legal advice, but it will help you sort paperwork and set expectations.
These questions are showing up for more families because both finances and end-of-life choices are changing. According to the National Funeral Directors Association, the U.S. cremation rate was projected to reach 63.4% in 2025, and the Cremation Association of North America reports the U.S. cremation rate was 61.8% in 2024. More families are making meaningful memorial decisions, and they are also navigating the financial reality that some money transfers quickly and some money does not.
Why probate feels confusing right after a death
Probate is the court-supervised process used to transfer ownership of assets held in a person’s name alone when there is no automatic transfer mechanism. A will can name who should receive those assets, but the court process is what gives someone legal authority to collect assets, pay debts, and distribute what remains.
At the same time, many assets transfer outside the will by contract or title. That is the heart of probate vs nonprobate assets: two different transfer systems operating at once.
The three-question test for assets that bypass probate
When you look at any account, title, or policy, ask three questions. If the answer is “yes” to any of them, the asset is usually non-probate. If all three are “no,” the asset often becomes a probate asset (with state-specific exceptions).
- Is there a beneficiary designation (including POD/TOD beneficiaries)?
- Is it owned jointly with survivorship, such as joint tenancy with right of survivorship?
- Is it owned by a trust rather than owned individually?
Which assets commonly avoid probate
Beneficiary designations
Retirement accounts, life insurance, many annuities, and some workplace benefits transfer by beneficiary designation. The beneficiary form typically controls even if a will says something different. The American Bar Association notes that assets transferring by beneficiary designation are generally non-probate unless the beneficiary is the estate. In plain terms, beneficiary designations are usually a direct transfer, and “the estate” is a detour back into probate.
This is why beneficiary updates are not “optional paperwork.” They are the instructions your family will be living with. If you are reviewing documents after a death, look for both primary and contingent beneficiaries and consider whether major life events (marriage, divorce, deaths) made the form outdated.
Payable on death account and transfer on death registrations
POD (payable on death) and TOD (transfer on death) designations can direct bank and brokerage assets to a named person without probate. In practice, these designations often function as the “release valve” for immediate needs: mortgage payments, travel, childcare, and the first wave of funeral planning expenses that arrive before the estate is settled.
For brokerage accounts, FINRA explains that a TOD registration generally allows beneficiaries to avoid probate for that account once the firm receives the required documents.
Joint ownership with survivorship
Joint ownership can avoid probate, but it depends on titling. Cornell Law School’s Legal Information Institute explains that joint tenancy creates a right of survivorship, meaning a surviving owner absorbs the deceased owner’s interest.
Bank accounts are a good example of why details matter. The Consumer Financial Protection Bureau notes that outcomes depend on how the joint account is held, and the money may pass to the joint owner or to the deceased person’s heirs. If a family is relying on a joint account to cover immediate bills, it is worth confirming the account’s ownership type directly with the bank or credit union.
Trust-owned assets
Assets owned by a trust are typically administered under the trust terms rather than transferred through probate. The practical catch is that the trust helps only for assets actually titled in the trust’s name. If a trust exists on paper but the house, accounts, and other property were never re-titled, probate may still be required for those individually owned assets.
TOD deeds and other title-based transfers
Some states allow real estate to transfer by a recorded TOD deed. The Uniform Law Commission describes a model framework that allows an owner to designate a beneficiary to receive real property at death without a probate procedure, though availability and details vary by state.
Which assets usually go through probate
Probate becomes most likely when an asset is owned in a person’s name alone and there is no beneficiary, survivorship title, or trust ownership. Common examples include:
- A home or land titled solely to the deceased person
- A bank or brokerage account with no POD/TOD and no joint owner with survivorship
- Refund checks, legal claims, and settlement proceeds payable to “the estate”
- Personal property of meaningful value when ownership is unclear
Common mistakes that pull assets into probate
Probate is not always the result of “no planning.” More often, planning did not keep up with life: a beneficiary died first and no contingent beneficiary was named; the beneficiary was listed as “my estate”; or a joint account was added “for convenience” and later becomes disputed. These are the moments when people start searching probate attorney near me—not for a fight, but for clarity and a safe path forward.
What “going to court” typically looks like
In many estates, probate is administrative. Someone is appointed (executor/personal representative), an inventory is created, debts and taxes are addressed, and distributions are made. Timelines vary by state and complexity, and the American Bar Association notes that many states have expedited or simplified proceedings for small or simple estates.
Where probate and funeral planning intersect
Disposition and memorial decisions often happen while legal transfers are still pending. If you are pricing arrangements and asking how much does cremation cost, Funeral.com’s guide How Much Does Cremation Cost in the U.S.? offers an apples-to-apples way to compare common fees and plan for the real total.
When cremation is complete, the next decision is often about what to do with ashes. Families commonly start with keeping ashes at home while they take time to decide, then later choose interment, scattering, or water burial. For gentle guidance, see Keeping Cremation Ashes at Home, What to Do With Cremation Ashes, and Water Burial and Burial at Sea.
When you are ready for a memorial, you can browse cremation urns without rushing. Many families begin with cremation urns for ashes, then choose small cremation urns or keepsake urns when ashes will be shared.
And when the loss is a companion animal, families often need the same clarity and the same gentleness. If you are choosing pet urns or pet urns for ashes, you can start with pet cremation urns, then narrow to pet figurine cremation urns or pet keepsake cremation urns when ashes will be shared across a family.
If memorial jewelry is part of your plan, cremation necklaces are a common starting point for cremation jewelry. If you want a practical “what to look for” walkthrough, see Funeral.com’s cremation jewelry guide.
A simple way to build your settling an estate checklist
Start by collecting documents rather than making decisions: the will or trust paperwork (if any), recent statements for major accounts, deeds and titles, and anything that indicates a beneficiary or survivorship structure. Then label each asset “beneficiary,” “joint with survivorship,” “trust-owned,” or “individual/no beneficiary.” That last category is where probate questions usually live.
If you want a broader foundation for next steps, Funeral.com’s estate planning basics guide walks through executor responsibilities and how probate typically fits together.
When it is worth talking to an attorney
If the estate includes real estate, significant debt, a business, multiple states, or disagreement among heirs, a consult can prevent expensive missteps and shorten the overall timeline. The goal is not to become an expert while you are grieving. The goal is to identify which assets are on an automatic transfer track, which assets require probate authority, and which decisions can wait until your family has had a moment to breathe.
