Legal Question in Wills and Trusts in Pennsylvania

If a property deed is transfered before a person's death , do the contents of said property also belong to new property owner or will contents have to go through probate upon original owners death?


Asked on 5/18/16, 6:14 pm

1 Answer from Attorneys

No the contents do not belong to the new owner unless the will made the new owner the beneficiary or if the intestacy laws of the jurisdiction where the deceased lived provided that the heir was entitled to receive all or a share of the personal property.

Deeds to real property transfer the land and any structures on the land which are referenced in the deed, such as house, barn or some other building.

Contents of the property are personal property and would pass as specified in the will or under the intestacy laws.

You first need to know who died, when and in what state. Second you need to know if the dead person had a will and, if so, what it said.

It would be strange to have a person transfer land but keep possession of the land. Was this a life estate? Regardless, the land is no longer part of the probate assets if it was transferred prior to death. The remaining land, if any, and the personal property will pass via will or intestacy. Its not so much the contents of the land which will dictate probate but other assets. Are there probate assets justifying probate of the estate? Any other land not jointly titled with right of survivorship? Vehicles? Cash in the bank? An estate needs probated if there are probate assets. Many things like life insurance or jointly owned bank accounts are non-probate assets and do not require probate. If the dead person owned no vehicles or other land and had no money, then maybe there does not need to be a probate if we are only talking about personal possessions (furniture, clothes). How many heirs are their? What is the value of the personal property? Under $10,000? Many states have small estate procedures which do not require formal probate if the assets are under $10,000 and disposition of the estate is relatively straightforward.

I suggest that you begin with getting copy of the will and deed to any real properties and pay for a consult with a probate attorney who practices in the county/state where the deceased person lived at the time of his/her death just to see whether probate is necessary and if so what all is involved. Failing that, I suggest you talk to the register of wills (if this is Pennsylvania) or clerk of the probate court to see if probate is required.

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Answered on 5/18/16, 9:35 pm


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