Detailed answer

Short answer: In most cases, assets that pass by right of survivorship do not belong to the probate estate and therefore do not have to be listed as estate assets on the formal probate inventory filed in Illinois. Examples of these assets include property held as joint tenants with right of survivorship, tenancy by the entirety (for married couples), and many beneficiary-designated assets (payable‑on‑death accounts, transfer‑on‑death designations, or life insurance proceeds). These transfer automatically to the surviving owner or beneficiary by operation of law and bypass probate.

Why: Illinois probate inventory rules require the personal representative to list property that is part of the decedent’s probate estate. Property that passed outside probate because of a survivorship right or a valid beneficiary designation is generally not estate property. For the governing statutory framework, see the Illinois Probate Act (Probate Act of 1975), which defines the probate process and the duties of personal representatives (see Illinois Compiled Statutes: Probate Act of 1975, 755 ILCS 5: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60).

Important clarifications and practical points:

• Confirm legal title and beneficiary designations. Do not assume: get the deed, account statements, or beneficiary forms that show how title was held at death. A deed showing joint tenancy with right of survivorship or an account listing a named payee on death supports that the asset passed outside probate.
• Some jointly titled property can still be contested. If the transaction creating the joint title was a sham, or the joint owner acted as a nominee only, a court could find the asset belonged to the decedent’s estate (for example, if there is evidence the decedent retained sole beneficial ownership). That can make the asset estate property despite the survivorship label.
• Creditors and claims. Generally, creditors pursue probate assets. But under some circumstances creditors may try to reach nonprobate assets or assert that transfers were fraudulent. A personal representative should be alert to such claims.
• Transparency is good practice. Even though survivorship property usually is not part of the estate, many personal representatives attach a separate schedule of nonprobate assets to the inventory or file a short affidavit listing assets that passed outside probate. That creates a paper trail and reduces confusion for the court and creditors.
• Real estate and deeds. Real property owned in joint tenancy or tenancy by the entirety typically transfers by operation of law. But recording and title steps (and obtaining a certified death certificate) may be required to clear title in the surviving owner’s name.

Example scenario: A decedent held a bank account jointly with their adult child with right of survivorship. The surviving child (or the mother in your situation) becomes the account owner automatically at death. That account is normally not listed as an asset of the probate estate. It is still wise for the personal representative to document the account, note the survivorship right, and, if helpful, include it on a separate schedule marked “nonprobate assets.”

When to list the asset on the probate inventory anyway: If ownership is disputed, if a court has ordered the asset preserved as part of the estate, if the asset is suspected of being an estate asset despite the survivorship label (e.g., evidence of fraud or nominee title), or if the personal representative is uncertain, consult an attorney. In contested or unclear cases, the safest course is to seek legal guidance and, if appropriate, disclose the asset and explain why you believe it is nonprobate.

Where to find the law: The Probate Act of 1975 sets out duties of personal representatives and the inventory requirements. The official Illinois General Assembly site hosts the text of the Act: Illinois Compiled Statutes — Probate Act of 1975 (755 ILCS 5).

Bottom line: Do not list survivorship assets as probate estate property on the court inventory if they clearly passed outside probate, but keep clear documentation, consider including a separate schedule of nonprobate assets for transparency, and consult an Illinois attorney if title or intent is unclear or contested.

Helpful hints

• Gather proof of title before filing anything: deeds, bank statements, beneficiary forms, and beneficiary designations.
• Obtain certified copies of the death certificate — financial institutions and the county recorder will usually require them to change title.
• If you are the personal representative, attach a short schedule of nonprobate assets to your inventory so the court and creditors see what passed outside probate.
• If the joint owner had only nominal title (you suspect the decedent paid all expenses and intended sole ownership), get legal advice — a court could treat the asset as part of the estate.
• For jointly held real estate, check the deed language carefully: “joint tenancy with right of survivorship” vs. “tenancy in common” (which does not carry survivorship). Tenancy by the entirety applies only to married couples.
• Remember tax and creditor issues: nonprobate transfer does not automatically shield assets from all claims in every situation; consult counsel if a creditor’s claim is likely.
• If you anticipate disputes among heirs or creditors, consider seeking a limited court determination or filing a petition for instructions from the probate court.