Also known as: nonprobate assets · non probate assets · nonprobate property · assets outside probate
Written by attorneys · grounded in primary & secondary sources — see below
An interest in property that passes at death by operation of law or by contract rather than under a will or by intestate succession. Title to such assets vests automatically in the surviving co-owner or designated beneficiary without probate administration. A will has no effect on the disposition of these assets when the form of ownership or beneficiary designation remains intact at death.
Nia Nkosi and Nadia Novak held their farmhouse as tenants by the entirety during their marriage. While divorce proceedings were pending but unresolved, Nia executed a will purporting to leave the farm to her nephew. Nia died still married with the tenancy intact. Title passed directly to Nadia by operation of law, and the will had no effect on the property.
Noah Nakamura named his wife Natasha Nielsen as beneficiary on his ERISA-governed life insurance policy and pension plan. After their divorce, Noah died without changing the designations. The proceeds and benefits passed directly to Natasha under the beneficiary designations rather than to Noah's estate or heirs under state law.
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No. A will cannot dispose of nonprobate property held as tenants by the entirety or in joint tenancy with right of survivorship. When the testator dies while still married and the tenancy remains intact, title passes by operation of law to the surviving spouse.
Supporting sources
In states that augment the elective share, specified nonprobate transfers are added to the probate estate to calculate the spouse's share. The augmented estate includes certain lifetime transfers and beneficiary designations that would otherwise pass outside probate.
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No. Nonprobate assets transfer directly to the surviving owner or beneficiary by operation of law or contract. They never enter the decedent's probate estate and are not subject to will administration or creditor claims handled in probate.
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…decree of dissolution or declaration of invalidity.” Wash. Rev. Code § 11.07.010(2)(a) (1994). That statute applies to “all nonprobate assets, wherever situated, held at the time of entry by a superior court of this state of a decree of dissolution of marriage or a declaration of invalidity.” § 11.07.010(1). It defines…