QUESTION
Is tangible personal property included in probate?
Asked on Mar 30th, 2013 on Estate Planning - California
More details to this question:
If one dies without a will, does tangible personal property go through probate.
21 ANSWERS
Yes. Generally speaking, all property goes through probate unless it has been covered by a deed or account designation otherwise.
Answered on Apr 04th, 2013 at 11:57 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Tangible personal property can indeed go through probate particularly if it is of significant value. An administrator, however, can often create a category such as household furnishings in the estate inventory for miscellaneous items of little value.
Answered on Apr 02nd, 2013 at 3:10 PM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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Yes.
Answered on Apr 02nd, 2013 at 1:19 PM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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Only if it is worth more than 100k collectively.
Answered on Apr 02nd, 2013 at 12:48 PM
Estate Planning Attorney serving Agoura Hills, CA
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Bruce C. Keswick
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The simple answer is that personal property is included in Probate. If one dies without a Will personal property could go through Probate if the amount exceeds $150,000.00 However, in California there is a Small Estates Administration where estates under $150,000.00 can be distributed to natural heir by way of Affidavit. If one dies without a Will, that to would go through Probate.
Answered on Apr 02nd, 2013 at 12:20 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The presence or absence of a Will does not determine this question, although a Will can certainly direct who these assets go to. Strictly speaking, probate is not necessary, if there are the only assets, because there is no title that needs to be transferred. If anyone is contesting the distribution, however, probate may be the only way to sort that out.
Answered on Apr 02nd, 2013 at 12:00 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes tangible personal property may still be subject to probate, depending on its value and uniqueness.
Answered on Apr 01st, 2013 at 11:51 PM
Yes, unless it is in a trust or joint tenancy. Although, as a practical matter some families just deal with less expensive things privately.
Answered on Apr 01st, 2013 at 10:27 PM
3 Awards
All tangible and intangible assets will need to go through probate to transfer to another, absent a beneficiary or joint tenancy designation on an account or on title to property. If the assets total value is under $20,000 an affidavit may be used by the person entitled to receive the same, so long as no real property is involved. If the total assets value when added up are under $100,000 a set aside administration may be available. I urge you to speak with a probate attorney where the decent resided to determine the best course of action.
Answered on Apr 01st, 2013 at 10:27 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Technically, yes. If tangible personal property is all there is to be probated, though, I think families usually just handle this informally. "Tangible personal property" covers a lot of ground, from the beat-up recliner in the den to the priceless Van Gogh that hung over the mantelpiece. If there are antiques or collectibles, or other property having substantial value, then probate may be necessary. If it's just Mom's stuff, then the family can just parcel it out. If one child is being unreasonable, or has taken things and refuses to share, then probate may be necessary.
Answered on Apr 01st, 2013 at 9:42 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri, tangible personal property does go through probate. However, most of the time, the value of tangible personal property is low and is not worth litigating.
Answered on Apr 01st, 2013 at 9:42 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Yes
Answered on Apr 01st, 2013 at 1:27 PM
It can be. Colorado allows the use of an Affidavit for Collection of Personal Property to transfer that property outside of probate so long as the aggregate value of the personal property is less than a designated amount. The form is downloadable from the Colorado Supreme Court's website or you can pick one up at your local probate court.
Answered on Apr 01st, 2013 at 1:26 PM
When you do not have a trust, all property, real and personal, are to be probated regardless if there is a will or no will. You have to pay creditors before distributing the decedent's property to the beneficiaries and if there are no liquid assets, then you sell the real and/or personal assets to payoff creditors.
Answered on Apr 01st, 2013 at 1:25 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Depending on the size of the estate and a number of other factors, maybe. If the value of the estate is less than $10,000 and there are children, then in Idaho, they get it. On the other hand if there is a house, expensive heirlooms and antiques, then you need to go through probate. Get a good estimate for the size of the estate and then talk with an attorney.
Answered on Apr 01st, 2013 at 1:25 PM
Yes, every possession, both real and personal is included in the probate process. The exception any account that is payable upon death to a designated party.
Answered on Apr 01st, 2013 at 1:25 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Yes, since they are part of the decedent's estate. Usually, though they are just lumped together into "personal property and effects" and not listed individually.
Answered on Apr 01st, 2013 at 1:25 PM
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The value of the property is usually included on the inventory and appraisal. It is generally estimated unless there is specific property that has been or should be appraised. Those items would usually be of value such as jewelry, coin collection, etc.
Answered on Apr 01st, 2013 at 1:24 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If estate is large enough for a probate estate, everything is valued.
Answered on Apr 01st, 2013 at 1:23 PM
By law, YES, tangible personal property is included in probate. Thus if the total probate-able assets, including personal property, exceeds $150,000 then a probate is required.
Answered on Apr 01st, 2013 at 1:23 PM
Yes, all property real and personal is included in probate, unless the property has it's own beneficiary designation such as life insurance.
Answered on Apr 01st, 2013 at 1:22 PM