Do I need probate after someone dies?

Maybe.

Probate depends on what assets the person owned, how those assets were titled, and whether valid beneficiary designations or transfer-on-death designations exist.

If assets are titled in a trust or pass by beneficiary designation, probate may not be needed. If assets are owned in the deceased person’s individual name with no beneficiary, probate may be required.

The honest answer is usually: let’s look at the asset list before we panic.

*Reviewed by Estate Planning Attorney Casey Connealy, Partner at Gaughan & Connealy Estate Planning Attorneys on June 23, 2026.