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FAQs / Probate Assets / Estate / Does the property automatically transfer to my name or do I have to register the property with the state?

Does the property automatically transfer to my name or do I have to register the property with the state?

Regardless of what is provided in a decedent’s estate plan, the transfer of property will generally depend on the details of the titles (ownership) for various properties. If a property is titled jointly, the property can generally transfer to the surviving owner automatically and with ease. If the property is not titled jointly, the property will only be transferred as designated by a decedent’s estate plan following the proper legal procedure.

Having jointly owned property can provide a simplified means of transferring ownship upon death. If you do not wish to have property jointly titled, a second option would be to designate a pay-on-death beneficiary for select assets. Either option can expedite the transfer of property following the owner’s death, since a court proceeding will not be required to remove the decedent’s name.

If property is titled with one sole owner and that owner passes away without a pay-on-death beneficiary, the property would need to go through the probate process to transfer properly.

Probate Assets / Estate FAQs

  • What Steps Should I Take When a Loved One Passes Away and We Can’t Travel Out of State?
  • How are taxes handled in probate?
  • Does a Spouse Share the Inheritance Given to Their Husband or Wife?
  • What Are Estate Taxes?
  • What must I do to close the estate?
  • What types of property do not need to go through probate?
  • When is probate required to transfer title to real estate?
  • When can I close the estate and distribute the assets?
  • Which law applies if the decedent owned land in more than one state?
  • Does all property have to go through probate when a person dies?
  • Does the property automatically transfer to my name or do I have to register the property with the state?
  • How can an estate plan prevent probate of my estate?
  • What types of property need to go through probate?

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