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wscare86 Asked December 2021

Inheritance. Are assets required to be listed as part of probate?

If assets, ie: stocks, are passed directly to the inheritor by TOD are they required to be listed / accounted for as part of probate in NY?

JoAnn29 Dec 2021
I am under the impression that anything that has a beneficiary does not go thru Probate. Trusts do not go thru probate. My annuity and IRS accts do not go thru probate because my girls are beneficiaries.
Insurance policies go to beneficiaries.

Probate should be able to help you to determine what are assets that get probated.

AlvaDeer Dec 2021
Normally POD accounts (pay on death) are passed directly to the inheritor of the account. That person, in most institutions counts as a co-owner in most institutions/most states, even as it pertains to the amount of insurance from FDIC in banking as a for instance.
You should speak with each institution. But under normal circumstances a POD account doesn't go through probate, and is not listed under probate as upon the DEATH of the person the account is no longer OWNED by the person, but rather by the person who was pay-on-death. Only a death certificate stands between them and whatever funds are in that account being under their own name solely.
All of this said, check with each institution regarding its rules for TOD/POD accounts.

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BarbBrooklyn Dec 2021
https://www.google.com/amp/s/www.agingcare.com/articles/amp/138101

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