What Assets Go Through Probate?

Not everything a person owns has to pass through probate, and understanding the difference can save your family time, money, and stress. The Law Office of Chad Foster helps Snohomish County clients with probate and estate administration.

Probate Assets Versus Nonprobate Assets

When someone dies, their property falls into two broad categories. Probate assets are the things that pass under the person's will, or under Washington's intestacy laws if there is no will, and that generally require court supervision to transfer. Nonprobate assets are the things that pass automatically to someone else at death because of how they were titled or who was named as a beneficiary. The court does not need to be involved in transferring those.

Washington law draws this line directly. A nonprobate asset is defined as a right or interest that passes on a person's death under a written instrument or arrangement other than the person's will, under RCW 11.02.005. That definition is the key to the whole question, because anything that fits it moves outside the probate process, while everything else is a probate asset that the estate must handle. For related guidance, see What Is Probate in Washington.

What Typically Passes Outside Probate

The statute gives a helpful list of arrangements that qualify as nonprobate assets, and these are the ones most families encounter. For related guidance, see Can Probate Be Avoided.

Jointly owned property with a right of survivorship is a common example. If two people own a home or a bank account as joint tenants with right of survivorship, the survivor automatically becomes the sole owner when the other dies. The property never enters the estate.

Payable-on-death and transfer-on-death arrangements work the same way. A payable-on-death bank account, a transfer-on-death security account, and a transfer-on-death deed for real estate all name a beneficiary who receives the asset directly at death. Washington specifically lists these among nonprobate assets in RCW 11.02.005.

Assets held in a living trust also avoid probate. When a person creates a revocable living trust and transfers property into it, the trust owns that property, and at death it passes to the beneficiaries under the terms of the trust rather than through the will. The statute treats a trust that becomes irrevocable only upon the grantor's death as a nonprobate asset.

Community property agreements between spouses or domestic partners are another Washington favorite, and they too appear on the statutory list. A properly drafted community property agreement can move a couple's community property to the survivor without probate.

A Note on Life Insurance and Retirement Accounts

Life insurance proceeds and retirement accounts deserve special mention because they are among the most valuable assets many families own, and because they pass by beneficiary designation. When you name a beneficiary on a life insurance policy or a retirement account, that person receives the money directly, outside probate. Interestingly, RCW 11.02.005 handles these a little differently in its drafting, noting that a payable-on-death provision of a life insurance policy, annuity, or employee benefit plan is treated separately from the general nonprobate asset definition. The practical result for families is the same: with a valid beneficiary designation in place, these assets go straight to the named person and do not pass through the will. The lesson is to keep those beneficiary forms current, because they control regardless of what your will says.

What Usually Does Go Through Probate

If an asset is owned in the deceased person's name alone, with no joint owner, no beneficiary designation, and no trust holding it, it is generally a probate asset. A house titled solely in one person's name, a bank account with no payable-on-death beneficiary, a car, and personal belongings are typical examples. These are the assets a personal representative gathers, uses to pay valid debts, and then distributes under the will or the intestacy statutes.

Why the Distinction Matters for Planning

Understanding which assets pass inside probate and which pass outside it is the foundation of good estate planning. Many people assume a will controls everything they own, but a will only governs probate assets. A beneficiary designation or a joint title can quietly override what your will says, sometimes with results the family never intended. Coordinating your will, your beneficiary designations, your account titling, and any trust you create is what keeps the whole plan pointing in the same direction.

A Snohomish County Perspective

For families in Snohomish County, the mix of probate and nonprobate assets often determines whether an estate needs a full court proceeding at all. A person who set up joint accounts, named beneficiaries, and funded a trust may leave very little that requires probate, while a person who owned a home in their name alone will almost certainly need the process. Knowing where your assets fall now, while you can still make changes, gives your family a smoother path later.

If you would like to understand which of your assets would pass through probate and which would not, and to build a plan that reflects your wishes, the Law Office of Chad Foster is here to help Snohomish County families think it through. Reach out whenever you are ready to start the conversation.