Will You Need to Probate the Estate?

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Not every estate needs to go through probate--which is good news for executors and family members alike. Probate can be a lengthy and expensive process, so finding ways around it is worth your time. Whether or not a probate court proceeding will be necessary will depend on several factors, including:

your state's law
the size of the estate
the kinds of assets in the estate, and
how well inheritors get along.

Making the Decision

Is Probate Necessary?
You might be pleasantly surprised to find that you won't need to conduct a whole probate court proceeding.

Ancillary Probate
Might you need two probate proceedings? It's possible.

What Assets Need to Go Through Probate
Lots of assets, including some that are typically quite valuable, including real estate and retirement accounts, may not need to go through probate.

Claiming Inherited Property With Affidavits
If it's available in your circumstances, one great substitute for probate is for inheritors to claim property with a simple sworn statement, or affidavit.

Resources from Nolo

The Executor's Guide
A thorough guide to settling a loved one's estate, whether you're handling it alone or working with a lawyer.

How to Probate an Estate in California
Everything you need (including court forms) to take an estate, big or small, through California probate court.