Probate assets are those assets owned by a person at the time of death for which there are no time of death provisions or automatic succession stipulations are set up. These are the assets that will be considered during probate. Bank accounts that do not have a joint owner are considered probate assets as are life insurance policies if they are made payable to the estate. Any real estate that is solely in the name of deceased is considered an asset and goes through probate; however, if their is a surviving spouse, the property can go to the spouse without going through the probate process. If the deceased left a will, any property named in the will is considered probate assets and will be part of the probate process.