The need send a Last Will and Testament through the Probate Court process depends upon the type of assets gifted within the document, and the “personalities” of the named beneficiaries. Typically, altering the title or ownership of a decedent’s real property (property with a written, filed title) can only be transferred via a probate court order or directive.<\/p>\n
Thus, merely “divvying up” a decedent’s titled real property among those listed in a Will is not legally appropriate, as the name(s) listed on the title(s) to said property cannot be changed without going through the Probate process.<\/p>\n
(Exceptions: property that is jointly titled, property that is held in Trust, or property specifically held in such a manner that ownership or title passes to another by operation of law upon the death of the decedent — e.g. “payable on death” or “TOD” — does not need to go through Probate.)<\/p>\n
HOWEVER, if the assets of the estate are small and without title, and if ALL of the named beneficiaries are in agreement on the division of the non-titled property (e.g. cash, furniture, jewelry, etc.), then the issue of (and need for) probate of ownership transfer via court order may never arise.<\/p>\n
So there is the rub.<\/p>\n