When someone dies and leaves behind things they owned but didn’t say how to be distributed in a Will or on the property’s title, they may have to go through the probate process. The probate court will remove the decedent’s name as owner of these estate assets and transfer them to those who have a rightful claim or to designated beneficiaries. It is always a good idea to learn more about the probate process before making any big choices about how to handle it. Understanding which assets go through probate can help simplify your estate planning decisions.
When someone passes away figuring out what happens to all their stuff can be confusing and overwhelming. One question that often comes up is whether furniture and household items are considered part of the estate and if they need to go through probate. Let me break it down for you in simple terms so you can better understand how your couch, dining table, and other household goods fit into estate planning.
What Counts as Part of an Estate?
Before diving specifically into furniture, let’s clarify what an estate actually includes. Simply put, an estate consists of everything a person owns at the time of their death, minus any outstanding debts. This includes:
- Real estate properties
- Vehicles
- Bank accounts and investments
- Business interests
- Personal belongings (including furniture!)
- Digital assets
- Intellectual property
- Money owed to the deceased
So yes, your furniture is definitely part of your estate But whether it needs to go through probate depends on several factors
Do Household Items and Furniture Go Through Probate?
To put it simply, yes. Household items like furniture are usually thought of as probate assets since they don’t have official titles or beneficiary designations. These items include .
- Furniture
- Clothing
- Artwork and antiques
- Curated collections
- Jewelry
- Kitchen appliances
- Electronics
- Books and media
But here’s the thing: these things are technically probate assets, but how they are handled in real life depends on the state and often on how much money they are worth.
Arizona’s Approach to Household Items in Probate
If we look at Arizona as an example (based on the Rilus Law info), household items without any form of title generally do not trigger the probate process or rarely do. Arizona law provides simplified procedures for transferring personal property of small value without probate.
Why? Because these items often have more sentimental value than monetary value, and the state recognizes that families should be able to distribute them without getting tangled in legal complexities.
Small Estates and Household Items
Many states have what’s called “small estate procedures” that can help avoid full probate for modest estates. For example, in California, if the total of your remaining assets is less than $150,000, your estate may not be subject to probate at all.
Let me give you an example to make this clearer:
Imagine Frank has:
- A $500,000 jointly owned property
- A $300,000 bank account with a payable-on-death beneficiary
- A $100,000 life insurance policy
- $50,000 in assets under a Living Trust
- A solely-owned car worth $20,000
- Furniture and household items worth about $15,000
Although Frank’s total estate value is nearly $1 million, only the car ($20,000) and furniture/household items ($15,000) would be probate assets. In many states, this $35,000 would qualify for simplified procedures.
How Executors Handle Furniture and Household Items
In most cases, the executor of the estate will distribute household items and furniture according to:
- Specific instructions in the will (if certain pieces are designated to specific people)
- Family agreements (often informal)
- State laws governing distribution
The executor has some discretion in how these items are handled, especially for things not specifically mentioned in the will.
Ways to Keep Furniture and Household Items Out of Probate
If you want to make sure your furniture and other household items avoid probate, you have several options:
1. Create a Living Trust
You can include your furniture and household items in a Living Trust. This means you transfer ownership of these items to the trust while you’re alive, and after your death, they pass directly to your beneficiaries without going through probate.
I’ve done this with my own antique dining set that’s been in the family for generations – it’s now technically owned by my trust, which means when I die, it’ll go straight to my daughter without any court involvement.
2. Give Detailed Instructions in Your Will
Even though a will doesn’t avoid probate, it makes it clear who gets what. Instead of family fights, this can make the probate process go more smoothly.
3. Give Away Items During Your Lifetime
We can give away our furniture and other things around the house while we’re still alive. For sentimental items that you want certain family members to have, this is a good way to do it.
My neighbor Martha started doing this after her 75th birthday – giving special pieces to her grandkids with stories about where they came from. It’s become a lovely tradition in her family.
4. Create a Separate Personal Property Memorandum
Some states allow you to create a separate document called a “personal property memorandum” that you can reference in your will. This document lists specific items and who should receive them. The advantage is that you can update this document without having to redo your entire will.
The Emotional Value of Furniture and Household Items
It’s worth noting that furniture and household items often carry significant emotional value that far exceeds their monetary worth. The antique rocking chair where grandma used to sit, the dining table where the family gathered for holidays, or the handmade quilt passed down through generations – these items tell the story of a family’s history.
Because of this emotional attachment, distribution of furniture and household items can sometimes lead to family conflicts after someone passes away. That’s why it’s important to be clear about your wishes regarding these items, even if they’re not worth a lot monetarily.
When Furniture Has Significant Monetary Value
If your furniture includes valuable antiques, art, or collectibles, special consideration should be given to how these items are handled in your estate planning. Items of substantial value might:
- Need professional appraisal for estate tax purposes
- Benefit from specific insurance coverage
- Warrant explicit designation in estate planning documents
For example, if you own a Chippendale chair worth $25,000 or an original Eames lounge chair valued at $7,000, you’ll want to specifically address these items in your estate plan rather than lumping them in with general household goods.
Practical Tips for Handling Furniture in Estate Planning
If you’re creating or updating your estate plan, here are some practical tips for addressing furniture and household items:
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Make an inventory: Create a detailed list of furniture and household items, noting any pieces with significant monetary or sentimental value.
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Take photos: Visual documentation can be helpful, especially for insurance purposes or to avoid confusion about which specific items are being referenced.
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Discuss with family: Have open conversations with family members about who might want specific pieces. This can inform your decisions and prevent surprises later.
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Update regularly: As you acquire new furniture or household items of value, update your estate planning documents accordingly.
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Consider a professional appraisal: For valuable antiques or collectibles, a professional appraisal can establish fair market value.
Who Gets the Furniture When There’s No Will?
If someone dies without a will (intestate), state laws determine who inherits the property, including furniture and household items. Generally, property passes to the closest relatives in a specific order, typically:
- Spouse
- Children
- Parents
- Siblings
- More distant relatives
In practice, family members often divide furniture and household items among themselves informally, with or without an estate administrator’s oversight. However, if there are disputes or items of significant value, the probate court may need to get involved.
The Bottom Line: Is Furniture Part of an Estate?
So to answer the original question directly: Yes, furniture is absolutely part of an estate. However:
- It typically has to go through probate unless placed in a trust or otherwise designated
- Many states have simplified procedures for handling household items of modest value
- The emotional value often exceeds the monetary value
- Clear communication and documentation of your wishes can prevent family conflicts
Understanding how furniture and household items fit into your estate planning can help ensure these possessions end up with the people you want to have them, while minimizing legal hassles for your loved ones after you’re gone.
Final Thoughts
Estate planning isn’t just about money and real estate – it’s about everything you own, including the chair you’re probably sitting in as you read this. Taking the time to think about what happens to your furniture and household items might seem trivial compared to bigger assets, but it can make a huge difference for your family during an already difficult time.
And remember, if you have specific pieces that are important to you or your family history, don’t leave their distribution to chance. Whether through a trust, a detailed will, or giving them away during your lifetime, make sure your wishes for these items are clear.
We’ve seen too many families torn apart over grandmother’s china cabinet or dad’s recliner. A little planning now can prevent a lot of heartache later.
Have you started thinking about what will happen to your furniture and household items? Maybe it’s time to take inventory and make some decisions that will make things easier for your loved ones down the road.
What Assets are Subject to Probate?
Assets under the sole ownership of the decedent without a designated beneficiary, not payable on death, not jointly owned, and not handled in a Living Trust are subject to probate.
Such property could include:
- Vehicles
- Real estate
- Bank or investment accounts
- Stocks and bonds
- Some personal property
Probate rules also affect assets considered tenants in common. If the title of the property is Tenants in Common, the share of the property that the deceased owned does not automatically go to the other co-owners. Instead, it would go to a beneficiary named in a Will or Trust, or it would go to the decedent’s heirs per the state’s probate laws.
Additional Asset Types That May Avoid Probate
Below are three additional asset types with examples that typically avoid the probate process after an individual dies.
Jointly owned assets involve assets that have shared ownership with another person. These assets could include:
- Motor vehicles and watercraft
- Real estate property
- Bank and related financial accounts.
- Property with titling documentation
Basically, any asset that has a co-owner named on the title or on the account and is not titled “tenants in common” as mentioned earlier. These types of property usually transfer ownership upon death. This transference of ownership supersedes a Will designating different beneficiaries for the jointly owned asset.
The owner of many assets can name a beneficiary in case of death, which can help avoid the probate process. However, there are some situations where the probate process is still needed.
- Incapacitation of the beneficiary
- The beneficiary precedes the owner in death
- The named beneficiary is a minor at the time of death.
- Your estate is the beneficiary
FAQ Friday: can I buy furniture as part of a property sale in QLD? ️
FAQ
Is furniture part of a deceased estate?
In short, yes. Items from the home do have to go through the probate process because they are considered probate assets and don’t have clear titles. These assets (items like furniture, clothing, collections, artwork, jewelry, etc. ) typically have little monetary value but can have serious sentimental value.
What is not considered part of an estate?
Most retirement accounts like IRAs, 401(k)s, 403(b)s and others pass by beneficiary designation and not through the Last Will. Banks and investment accounts designated as Payable on Death (POD) or Transfer on Death (TOD) also do not pass through probate, but to the other person named on the account.
What assets are part of an estate?
An estate asset is property that was owned by the deceased at the time of death. Examples include bank accounts, investments, retirement savings, real estate, artwork, jewellery, a business, a corporation, household furnishings, vehicles, computers, smartphones, and any debts owed to the deceased.
What qualifies something as an estate?
The estate includes a person’s belongings, physical and intangible assets, land and real estate, investments, collectibles, and furnishings.
Does furniture go through probate?
Furniture, along with other household items, also falls under probatable assets. Although individual pieces of furniture may not hold substantial value, taken as a whole, they may represent a significant portion of an estate. When someone dies and their only bank account is still in their name, it has to go through probate.
What assets are not considered a part of the estate?
The question of what assets are not considered a part of the estate has a relatively straightforward answer. Just a small number of assets don’t fit into the estate designation, primarily retirement accounts. For individuals who possess these accounts, it’s necessary to make prior arrangements to see to it that they are fairly distributed.
What does an estate consist of?
An estate consists of not only what a person owned but also what they owed. The estate’s money has to be used to pay off the person who died’s valid debts and liabilities before any assets can be given to beneficiaries or heirs. This includes mortgages, credit card bills, medical expenses, and taxes.
What is considered an asset in an estate?
Accessing and transferring these assets can be complex, but their value makes them a component of the estate. Any money owed to the person who died is also considered an asset of their estate. This could include formal promissory notes for loans they made, outstanding invoices from a business, or personal loans made to friends or family.
What is an estate & how does it work?
An estate is more than a list of belongings. Discover the legal factors that determine how assets are valued, categorized, and distributed after death. When a person passes away, the sum of their property, possessions, and financial interests, minus any outstanding debts, is known as their estate.
What assets do not fit into an estate designation?
Just a small number of assets don’t fit into the estate designation, primarily retirement accounts. For individuals who possess these accounts, it’s necessary to make prior arrangements to see to it that they are fairly distributed. Generally speaking, assets not accounted for by the estate plan include the following: