The Difference between Probate and Non-Probate Assets

A graduate of the University of Florida Levin College of Law, Robert Fraxedas possesses more than 10 years of legal experience. During his career, Robert Fraxedas has complemented his practice with a number of seminars on topics related to the probate process.

The probate process involves putting a will into action, which happens after a court validates the document. When people plan their estates and draft their wills, some assets will meet the criteria for probate and other will not, depending on the wishes of the individual. Knowing the difference between probate and non-probate is very helpful.

A few examples of probate and non-probate assets include property, personal items, and bank accounts. They differentiate in the ways the decedent decided to distribute them when drafting his or her will. For probate assets, these go to the identified beneficiaries after the court accepts the will. Non-probate property, on the other hand, transfer directly to the recipients without any legal mediation.

Welcome to ________, sir/madam. Now, get to work.

Have you noticed how there has been a very gradual shift from cashiers handling transactions to you handling transactions? As far as I can tell, cashiers' sole purpose now is to point out what you might be doing wrong on the little credit/debit card pad. Or to stand there while you check yourself out at a self-service register.

Shit, I was at Tijuana Flats the other day and I almost fell down from shock when the cashier took my credit card, handled business, and told me to have a great evening.

GREAT CALL, CORPORATE BOARD ROOMS.

But wait, there's more blame to go around! How about the slide bar - chip war going on? As consideration for having to send you a new card less often, card companies have subjected us to the "slide your card...ok, now insert your card...no wait, try sliding it again...hang on <picks up phone to call store manager>"

Goddamnit.

Everything is not awesome.

I hate that stupid xfinity commercial, "everything is awesome", that plays every single break during Olympic coverage. Last I checked, 99% of media content is irredeemable drivel. And how about the backwards fantasy that zoning out on smartphones and tablets brings smiling, laughing people together...it would have been more realistic to show one lonely person in a dark room with chip crumbs all over.