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My widowed mother has added her three children to the deed for the house, all her checking accounts, CD's etc. She also has a will stating all should be devided between the three children. What will go through probate and should she have a trust?
State/Country relating to Question: South Dakota
If she has added the children to the deed "with right of survivorship" then the house would not go through probate, it automatically passes to the surviving children. All of her accounts, if she placed them on the accounts as beneficiaries or designated that they become owners at time of death, then these accounts also do not go through probate. The only thing that goes through probate is anything that does not have a specific beneficiary designation on it or a co-owner, such as perhaps a car or any valueable personal property such as jewelry. All the will then does is provides for the division of any property where there are no co-owners or beneficiaries on accounts.
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