Mom deceased and had will, do we need to probate if she only had a TOD account and an IRA account if they list beneficiaries? Does not own anything?

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Mom deceased and had will, do we need to probate if she only had a TOD account and an IRA account if they list beneficiaries? Does not own anything?

Asked on June 5, 2009 under Estate Planning, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Under these set of facts, no you would not have to go through probate.  However, I'm curious why she had a will.  There are no other assets?  Make sure of this.  If any assets are to be transferred under the will you would have to go through probate.  However if the value of the assets is negligible there is a summary procedure for small estates; it's quicker, cheaper and less complicated than traditional probate.


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