WHICH TYPE DO YOU NEED?
summary OR FORMAL?
When a loved one passes away and they have assets titled solely in their name and not with a spouse or another person, a probate is necessary. How are the decedent's assets, including bank accounts, real estates, and vehicles, titled?
If all assets are jointly titled then no probate is necessary.
If some assets are solely titled in the decedent's name, even if some are joint, then a probate is necessary for the the solely titled assets.
What is the approximate value of all the assets?
If the approximate value is less than or equal to $75,000
If the approximate value is more than $75,000
A summary administration probate is used when the decedent's assets are equal to or less than $75,000. It may also be used if the decedent passed away over two years ago. In a summary administration, a personal representative does not need to be appointed.
A formal administration probate is used when the decedent's assets are equal
to or greater than $75,000. In a formal administration, a personal representative is appointed.
Although a trust administration is not supervised by the Court, the primary goal is to transfer property of the person who has died ("Decedent") to the beneficiaries who are listed in the decedent's revocable/irrevocable trust.