Does Personal Property Go Through Probate?
When a person dies, it is common for their assets to go through probate. But does this mean all their personal property? Every single thing they own? Typically, yes.
When you think of probate, you probably think it applies only to big-ticket items, like bank accounts, real estate, and vehicles. But the truth is that every tangible item will have to go through the process. Probate assets include:
- Bank accounts
- Stocks and bonds
- Vehicles
- Business interests
- Real estate
- Household items
- Personal belongings
- Digital assets
For probate purposes, household items would include the following:
- Cutlery
- Pots and pans
- Televisions
- Home electronics
- Furniture
- Clothing
- Jewelry
- Books
- Collectibles
- Decorative items
So yes, even seemingly minor items like the ones listed above still need to go through probate. This is so every asset is accounted for. All probate assets need to be inventoried, appraised, and distributed to a rightful heir, with the probate court supervising the process.
Dealing With Sentimental Items
Probate of sentimental items can be even trickier. From the probate court’s perspective, household goods and personal belongings are treated the same as any other probate asset. They are distributed according to the terms of the decedent’s will or, if no will exists, under state intestacy laws.
So what makes an item “sentimental”? Sentimental value is subjective. It is assigned by the owner and often shared by future heirs. Common sentimental items include jewelry, photographs, collectibles, antiques, furniture, and clothing. These items may or may not have significant monetary value, but they carry emotional meaning tied to memories and family history.
Because sentimental value is personal and often arbitrary, dividing these items can be far more difficult than dividing financial assets. A bank account can be split evenly among children, but a family heirloom, such as a grandmother’s necklace, cannot. When more than one heir wants the same item, disputes can easily arise.
Conflicts over sentimental property are common and can quickly escalate. Emotional disagreements may lead to family tension, litigation, and unnecessary court costs, ultimately reducing the value of the estate your loved ones receive. For this reason, it is best to make decisions about sentimental items in advance, rather than leaving heirs to resolve these issues after death.
As you identify sentimental items in your estate, it is also important to determine their market value. Probate typically requires asset valuation, and having documented values can be critical if a dispute arises. Knowing an item’s monetary worth can also help you divide your property fairly among heirs.
Seek Legal Help
Probate can be a monotonous process, as it involves accounting for every asset a deceased person owns, even items of low value. This takes a lot of time and effort.
Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. understands the emotions involved with death and estate settlement. Probate can be contentious, but we can guide you through the process with ease. To schedule a consultation, fill out the online form or call 954-764-4330.
Source:
trustandwill.com/learn/does-personal-property-go-through-probate
