Is it necessary for all of the decedent’s property to go through probate?

No, but there must be a legal method used to transfer ownership and title of property to heirs and beneficiaries. In most states, some types of property can pass to certain beneficiaries outside of probate or with a simplified probate procedure.

For example, real estate can pass to a surviving co-owner, usually a spouse, with joint tenancy with right of survivorship.

Life insurance policies with a named beneficiary pass outside of probate. 401(k)s, IRAs, and other retirement accounts can be transferred to a named beneficiary or heir outside of probate automatically.

Bank accounts may be set up with a payable on death designation to pass directly to named beneficiaries.

Another option to bypass probate is a living trust which is a separate legal entity that holds title to property. Assets held by a living trust automatically pass to heirs or beneficiaries without going through probate.