Detailed Answer

Short answer: Usually no — assets that pass automatically to your mother by right of survivorship (for example, a bank account titled jointly with a right of survivorship, a jointly held home held as a tenancy by the entirety, or an account with a named beneficiary) are not part of the decedent’s probate estate and generally are not listed as estate assets on an inventory of property subject to administration. However, you should identify and document those nonprobate transfers for the probate file so the court, creditors, and interested persons understand which items passed outside probate.

How this works in plain language

When a person dies, some property goes through probate (the court-supervised process that collects assets, pays debts, and distributes what remains). Other property passes immediately to someone else because of how it was titled or because a beneficiary designation exists. Examples that usually pass outside probate:

• Joint bank or brokerage accounts held with right of survivorship
• Real estate owned as joint tenants with right of survivorship or as tenants by the entirety (commonly used by married couples)
• Payable-on-death (POD) and transfer-on-death (TOD) accounts
• Life insurance and retirement accounts with named beneficiaries

Those assets do not become part of the probate estate and normally do not get listed on the inventory that the personal representative files for property subject to administration. That inventory is intended to show assets the estate actually controls and will use to pay debts and distribute under the will or state law.

Why you may still need to disclose them

Even though the assets passed outside probate, the probate court or local rules often require the personal representative to disclose nonprobate transfers so the estate record is clear. Disclosure helps to:

• Show that the asset passed by operation of law (not by will)
• Demonstrate that the probate estate lacks sufficient assets or that certain claims cannot be satisfied from probate property
• Protect the personal representative from later accusations of hiding assets

In practice, a personal representative commonly files an inventory of probate assets and either (a) files a short schedule or affidavit listing nonprobate assets that passed outside probate, or (b) attaches copies of title docs, beneficiary forms, or bank statements showing the survivorship designation. Check the local probate court’s rules for any required format.

Practical examples (hypotheticals)

Example 1: Jane and her mother held a checking account as joint tenants with right of survivorship. On Jane’s death, the bank pays the account balance to the mother immediately. The account did not become Jane’s probate asset, so you generally do not list it as an asset of the probate estate. Still, you should note in the probate file that the account existed and produced a transfer outside probate (attach the bank statement and death certificate).

Example 2: Jane owned a house titled to Jane and her spouse as tenants by the entirety. The spouse survives. The house passes to the spouse automatically and is not part of Jane’s probate estate. Again, disclose that fact to the probate court if required and keep the deed and death certificate in the file.

Maine resources and statutes

For Maine-specific procedures and statutes, consult the Maine probate information and the state statutes:

• General Maine Probate information — Maine Judicial Branch: https://www.courts.maine.gov/
• Maine Revised Statutes, statutes and statutory text: https://legislature.maine.gov/statutes/

The probate rules and forms on the Maine Judicial Branch site explain local practices for inventories, accountings, and required filings. State statutes describe which assets are subject to administration and recognize nonprobate transfers; review those resources or consult a Maine probate attorney to ensure compliance with filing requirements.

When you must include an item on the inventory

Include an asset on the probate inventory if:

• The asset was solely in the decedent’s name and did not have a valid survivorship or beneficiary designation.
• The decedent’s interest continued after death and the estate can control or sell that interest.
• A court later decides the claimed survivorship right is invalid (for example, because the joint account was created to avoid creditors rather than a genuine joint ownership).

Risk of omission

If you omit an asset that should have been included, the personal representative may face personal liability for failing to account for estate property. If you list something that actually belonged to a survivor by right of survivorship, you may create confusion or delay. To avoid problems, document title and beneficiary designations and attach proof to the probate file.

Helpful Hints

• Gather documents: collect deeds, account statements, beneficiary designation forms, and the decedent’s bank records.
• Check account titling: look for phrases like “with right of survivorship,” “joint tenant,” “POD,” or “TOD.”
• Obtain certified death certificates: institutions will often require them before transferring funds or retitling assets.
• Ask the bank or title company for their survivorship paperwork requirements and follow them closely.
• File a short schedule or affidavit of nonprobate transfers with the probate court if local rules recommend or require it.
• Keep copies of everything you file and send when dealing with the court or institutions.
• Talk to a Maine probate attorney if the ownership is unclear or if creditors may dispute nonprobate transfers.
• When in doubt, disclose: if you cannot verify whether an item passed outside probate, note it in the probate papers and explain why you treated it as nonprobate or probate property.

Disclaimer: This information explains general Maine probate concepts and does not constitute legal advice. It does not create an attorney-client relationship. For legal advice about a specific situation, consult a licensed attorney in Maine.