How do you know if an asset passes outside of an estate that is to be probated?
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How do you know if an asset passes outside of an estate that is to be probated?
My father recently passed. In addition to the plots where he and my mother are buried, dad owned three other plots. On the deed it states “…grant, bargain, sell and convey to the said (name) and his heirs forever, the following described….” Are these plots probatable assets or are they outside of probate and automatically transfer to me and my brothers as the “heirs” like regular real estate that is transferrable on death?
Asked on July 2, 2015 under Estate Planning, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
I am so sorry for your loss. A burial plot is considered real property so its transfer can be done in accordance with Ohio state law on same. If the deed to the plot qualifies as a Transfer on Death devise - and a TOD is valid in Ohio - then the asset passed to (name) upon your Father's death and no, it is not a probate asset. Good luck.
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