What property is subject to the probate process?
The probate estate includes all property owned by the deceased person (the decedent) at the time of death. Certain kinds of property, such as property owned jointly by the deceased and another person, life insurance on the life of the deceased, and property held in trust, are not part of the probate estate and are not subject to the probate process. For example, jointly-owned bank accounts pass automatically to the surviving joint owners upon the death of one of the owners without going through probate. This non-probate property, however, is part of the decedent’s taxable estate.
