What Are Non-Probate Assets — and Can They Still Be Contested?
Understanding Non-Probate Assets
Not every asset a person owns goes through the probate process. Non-probate assets pass directly to designated beneficiaries by operation of law or by contract.
These typically include:
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Life insurance proceeds payable to a named beneficiary
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Retirement accounts (IRAs, 401(k)s, pensions) with beneficiary designations
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Pay-on-Death (POD) or Transfer-on-Death (TOD) bank and investment accounts
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Real estate with a recorded Beneficiary Deed
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Assets held in a valid living trust
Because ownership transfers automatically, these assets normally bypass the probate court.
Non-Probate Assets Can Still Be Disputed
Even though they avoid probate, non-probate transfers are not immune from challenge.
Arizona courts may intervene when:
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The beneficiary designation was obtained through undue influence or fraud.
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The decedent lacked capacity when the designation was made.
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A trustee or joint owner breached fiduciary duties.
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The transfer conflicts with a court order, divorce decree, or community-property rules.
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The account or title was changed in violation of a prior agreement.
In these cases, beneficiaries or heirs may file an claim to recover misdirected assets.
When to Challenge a Non-Probate Transfer
You may have a viable claim if you discover:
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A sudden change to a beneficiary designation shortly before death
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Account re-titling by a caregiver or joint owner
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Inconsistent treatment of heirs in the will versus account designations
Because financial institutions act quickly after death, it’s essential to act immediately if something looks suspicious.
At Berk Law Group, We Handle Complex Non-Probate Disputes
Our Scottsdale probate and trust litigation attorneys have extensive experience recovering assets wrongfully transferred outside of probate. We know how to trace funds, compel disclosure, and pursue equitable relief to protect your rightful inheritance. Contact us today to discuss your situation and learn how we can help.
Learn more about litigation over non-probate transfers.
Disputes and Litigation Over Non-Probate Assets in Arizona
Related FAQs
Holding Trustees Accountable in Arizona: Understanding Trust Surcharge Laws
How to Spot Red Flags in Arizona Estate Documents: A Guide for Heirs and Beneficiaries
