How would a person leave out property if a will is being probate?

There are a number of factors for leaving out property if a will is being probated. One of which is that the property did not actually belong to the deceased. Many instances this comes about is when the deceased transferred ownership of property to someone else but continued to use and enjoy that property until their passing. In addition, sometimes property is left out because the person is trying to conceal it. If this is the case the heir has a legal remedy to sue for this misappropriation.

If a will is being probated unless the Court for some reason has waived an inventory there is to be filed an inventory. The inventory should reflect the property contained in the probate estate. If the property is not part of the estate for probate purposes it might not be in the inventory. For example, property subject to a trust might not be within the probate estate. You might check the probate file with the Court for an inventory to see what has been listed.