All assets owned by you in your own name, not in joint tenancy, in trust or with a beneficiary designation, are subject to probate administration when you die.

Probate proceedings involve only assets commonly referred to as "probate assets." Arizona probate courts do not have jurisdiction over and cannot administer assets that are not probate assets. Probate assets include all real property and personal property, including intangible personal property: The decedent must have had an interest in the property at the time of death or the property is not a probate asset.

After the court determines which assets are non-probate assets, (depending on state laws) the estate is typically administered in one of three ways: By Affidavit (Summary Administration): If the total value of the probate assets in an estate is less than your state law's specified amount (typically between $25,000 and $30,000), an heir may be able to fill out an affidavit for administering the estate. The person holding the assets would then release them to the heir without further action.

Not all assets are affected by probate. Insurance proceeds generally bypass probate and go directly to the beneficiary. Your home and other real estate--typically your most valuable assets--need to be put into a trust to avoid probate.

Yes. In most states, there are statutes that allow the executor (personal representative) of the estate to collect the asset without probate by completing an affidavit and perhaps filing it with the probate court. In Arizona, the de minimus amount is $50,000 of personal property (such as cars, bank accounts, stocks, bonds, etc) and $50,000 of net equity in real estate.

The probate estate includes all property owned by the deceased at the time of death. Life insurance and property owned jointly or in trust by the deceased is not part of the probate estate. Jointly owned bank accounts pass automatically to the surviving joint owners upon the death of one owner without going through probate. Non-probate property is still part of the deceased person's taxable estate.

All manner of solely owned assets can be dealt with through probate, including property, land, business shares, jewellery, heirlooms, artwork and collections, cash and bank accounts and vehicles.

According to Florida Statute 732.103, with regard to the pattern of descent of an intestate estate: if a person dies without a spouse and without lineal descendents (i.e. children, grandchildren, great-grandchildren, etc.), his or her estate will descend in the following order: first to the parents, then the brothers and sisters, then the descendents of the brothers and sisters.

Property acquired during the course of the marriage by one or both parties is basically subject to a 50/50 split unless there are extraodinary circumstances which require different percentages. There is usually going to be a 50/50 split even though for example one spouse worked ten hours a week while the other spouse worked fourty. The acquired property will still be considered a marital asset.

Yes, this will allow you to avoid probate. However, it will also complicate your life and put you at risk of losing your assets to your children’s creditors. For example, if you add your children to the title of your home and then decide to sell your home, your children, as co-owners, would be required to sign the purchase and sale contract, the escrow instructions, and the deed.

Probate is a legal process through which the assets of a deceased person are distributed to the heirs or beneficiaries. The Court oversees the estate to make sure debts are disposed of and proper distribution is made.