Which properties do NOT need to go through probate?

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Properties that are owned in a trust do not need to go through probate because they are considered to be owned by the trust itself, rather than by an individual. When the person who created the trust passes away, the assets held in the trust can be distributed according to the terms of the trust without the need for court proceedings. This streamlined process helps to avoid the lengthy probate process and can also provide privacy for the beneficiaries.

In comparison, properties with a mortgage, investment properties, and properties held as joint tenancy may require probate, depending on how the ownership is structured and the specific circumstances surrounding the estate. Properties with a mortgage typically require the estate to settle any debts before distribution, while investment properties and joint tenancy arrangements have specific legal frameworks that could necessitate probate proceedings.

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