By far, the most common reason for probate is that the Decedent died holding:
Note: “Titled in his or her own name” means that the property is a “probate asset” and not a “non-probate asset,” which passes “outside of probate,” without Court involvement. Typical nonprobate assets are assets:
- Held in Joint Tenancy (with Right of Survivorship) form.
- Subject to a Community Property Agreement between Decedent and his/her surviving spouse.
- Having death beneficiary designations, such as Payable- or Transferable-on-Death accounts, life insurance policies, IRAs, or Keogh or other pension plans.
- Held by Decedent’s Living Trust.
Then you should be able to transfer its title without a probate & Court involvement.