Probate question: Does life insurance or retirement benefits need to go through probate?
No. The benefits can be paid directly to a named beneficiary. Money from IRAs, Keoghs, and 401(k) accounts transfer automatically to the persons named as beneficiaries. Bank accounts that are set up as pay-on-death accounts (PODs) or “in trust for” accounts (a “Totten Trust”) with a named beneficiary also pass to the beneficiary without probate. Need to order certified copies of death certificates (all states free link) 5. Probate question: Do living trusts go through probate? No. When a living trust holds title to some of the decedent’s property, that property also passes to the beneficiaries without probate. Go to next page for more probate questions and answers..