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When a loved one passes away, probate steps in to prove the will and ensure the person’s assets go to the correct people and all their wishes are fulfilled. Usually, probate is straightforward — but it can get complicated if there’s no will or you’re dealing with a large estate.
Probate is the legal process of proving a will. It involves legitimizing the contents of the will and distributing assets to the correct heirs.
It also kicks in when there’s no will and the court has to decide how to divide up the deceased’s estate.
It depends on whether or not there’s a will. When someone dies, their assets usually become part of their estate. If they left a will, a probate judge assesses the will and determines its legitimacy. If no one contests the terms of the will, it then directs probate — a.k.a how the assets should be distributed. Once the will has been proved, its terms are executed by the “executor,” the person you nominated to represent your estate.
If the deceased didn’t leave a will, the court will decide who is entitled to the assets. They’ll then assign an administrator to manage probate.
If the deceased left a will, these are the steps you’ll need to follow:
If there isn’t a will, authority over the assets goes straight to the courts. From there, the intestate laws determine the order in which property is passed on to relatives. The court can also appoint an executor to manage debt repayment and asset liquidation.
The laws vary between states, so double-check the laws in the state the deceased resided in.
There are a few types of assets that don’t go through probate. These include:
If you had a small estate and a well-written will, it’s possible that your loved ones won’t have to pay anything for probate.
But if your estate is large or complicated, they may run into some costs. These are determined by each state’s probate code, and may include:
It can take anywhere from 30 days to several months, depending on:
If people contest the will or the court’s decisions, the probate process can drag on for months or even years.
Every state has exemption laws for small estates, which expedite the probate process. This is known as “simplified probate.” To activate it, each of their heirs need to sign an affidavit and either file it with the county clerk or the institution that holds the assets, such as a bank.
Once the affidavit is accepted, the assets are transferred to the rightful heirs — and this process is called “summary administration.”
Each state defines small estates differently based on their value. Some states factor in property and vehicles in their calculations, too.
To be classified as a “small estate,” this is the maximum amount your estate must be worth. If your estate is worth less than the maximum, you can qualify for simplified probate.
State | Maximum value of the estate | |
---|---|---|
Alabama | $25,000 | |
Alaska | $100,000 for vehicles $50,000 for any other personal property | |
Arizona | $75,000 for personal property $100,000 for real estate | |
Arkansas | $100,000 | |
California | $150,000 | |
Colorado | $60,000 | |
Connecticut | $40,000 | |
DC | $40,000 | |
Delaware | $30,000 | |
Florida | $75,000 | |
Florida | $75,000 | |
Florida | $75,000 | |
Georgia | $10,000 of cash a bank or credit union All other assets must go through probate | |
Hawaii | No limit on vehicles $100,000 for all other property | |
Idaho | $100,000 | |
Illinois | $100,000 | |
Indiana | $50,000 | |
Iowa | $100,000 | |
Kansas | $40,000 | |
Kentucky | $15,000 | |
Louisiana | $125,000 | |
Maine | $20,000 | |
Maryland | $50,000 in general, or $100,000 if the surviving spouse is the only heir to the estate | |
Massachusetts | $25,000 | |
Michigan | $15,000 | |
Minnesota | $75,000 | |
Mississippi | $50,000 | |
Missouri | $40,000 | |
Montana | $50,000 | |
Nebraska | $50,000 | |
Nevada | $25,000, or $100,000 if there is a surviving spouse. | |
New Hampshire | Simplified probate is available for all estates, depending on the terms of the will. | |
New Jersey | $20,000, or 50,000 if there is a surviving spouse or domestic partner. | |
New York | $30,000 | |
North Carolina | $20,000, or $30,000 if the surviving spouse is the sole heir to the estate. | |
North Dakota | $50,000. | |
Ohio | $35,000, or $100,000 if the surviving spouse is the sole heir to the estate. | |
Oklahoma | $50,000 | |
Oregon | $275,000 — of which $200,000 can be real property and $75,000 can be personal property. | |
Pennsylvania | $80,000, not including real estate | |
Rhode Island | $15,000 | |
South Carolina | $25,000 | |
South Dakota | $50,000 | |
Tennessee | $50,000 in personal property | |
Texas | $75,000 | |
Utah | $100,000 | |
Vermont | $10,000 if the decedent doesn’t own real estate (timeshares are exempt) | |
Virginia | $50,000 | |
Washington | $100,000 | |
West Virginia | $100,000 | |
Wisconsin | $50,000 | |
Wisconsin | $50,000 | |
Wyoming | $200,000 |
Probate ensures your assets are managed in an orderly fashion after you’re gone — but it can be a time-consuming and expensive process. To make it easier for your loved ones to access your assets later on, it’s worth investing some time in estate planning, which might include securing life insurance and establishing a private trust.
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