A Complete Guide for Executors and Families
One of the most common questions we hear after someone passes away is:
“Do we have to probate everything?”
The good news is: Not all assets must go through probate. But some absolutely do—and failing to handle them properly can delay the estate or expose the executor to liability.
At Clause Law Group, we help families across Wayne, Monroe, Luzerne, Lackawanna, and Pike Counties understand which assets require probate and how to transfer everything correctly.
🏛️ What Is a Probate Asset?
A probate asset is anything the deceased person owned in their name only, without a designated beneficiary or co-owner. These assets must be handled through the probate court.
✅ Assets That Go Through Probate in Pennsylvania
- Bank accounts with no joint owner or POD beneficiary
- Real estate titled solely in the decedent’s name
- Vehicles owned individually
- Stocks, bonds, or investment accounts without a TOD beneficiary
- Business interests not held in a trust or LLC
- Personal property like jewelry, collectibles, and furniture
- Unclaimed life insurance with no beneficiary
📄 These assets are included in the Inventory and distributed under the will—or intestate law if there is no will.
❌ Assets That Avoid Probate in Pennsylvania
1. Jointly Owned Property with Right of Survivorship
Passes automatically to the surviving owner. Common with:
- Spouses
- Joint bank accounts
- Real estate titled as tenants by the entirety
2. Beneficiary Designations
Passes outside probate:
- Life insurance policies
- IRAs and 401(k)s
- Payable-on-Death (POD) bank accounts
- Transfer-on-Death (TOD) brokerage accounts
3. Revocable Living Trust Assets
Assets placed into a trust during life are not probate assets. They pass to beneficiaries privately and immediately after death.
4. Lady Bird Deeds / Life Estate Deeds
Real estate set up with an enhanced life estate passes directly to the named beneficiary without probate.
⚠️ Common Mistakes to Avoid
- Assuming everything is in the trust (when some assets were left out)
- Missing old accounts that lack beneficiaries
- Failing to retitle inherited assets properly after distribution
- Overlooking personal property like vehicles or safe deposit boxes
💼 At Clause Law Group, we offer full estate inventory and titling review services to help avoid probate pitfalls.
🏠 Real Estate Example in Pike County
If your loved one owned a home in Milford titled solely in their name, it must go through Pike County probate—unless:
- It was in a trust
- Held jointly with survivorship
- Had a Lady Bird deed
📍 Pike County Register of Wills
412 Broad St, Milford, PA 18337
📞 (570) 296-7231
Let’s Make Sure You Know What Needs Probate—and What Doesn’t
Trying to sort through an estate without guidance can lead to costly mistakes. At Clause Law Group, we make the process simple, clear, and complete.
📞 Call (570) 676-5212
📍 Serving Luzerne, Pike, Wayne, Monroe, and Lackawanna Counties
📨 Request an estate asset review today
