Types of probate:
Formal Probate Administration
A Formal Probate Administration is required when the deceased’s probate assets exceed $75,000 and proceedings are filed within 2 years of death. The process generally takes 6 to 9 months to complete. Learn more about Formal Probate Administrations.
Summary Probate Administration
A Summary Probate Administration is an option if the deceased’s probate assets do not exceed $75,000 or if it has been more than 2 years since death. This type of administration generally takes 1 to 3 months to complete. Learn more about Summary Probate Administrations.
Ancillary Probate Administration
An Ancillary Probate Administration may be required when an individual passes away owning property in a state where they did not claim residency. The time to complete an Ancillary Probate Administration will vary depending on why the probate was necessary. Learn more about Ancillary Probate Administrations.
Disposition Without Administration
A Disposition Without Administration may proceed if the deceased’s probate assets consist only of:
· Exempt personal property, and
· Non-exempt personal property that does not exceed the amount of:
a) Preferred funeral expenses, and
b) Reasonable and necessary medical expenses within the final 60 days of the deceased’s last illness.
A Disposition Without Administration generally takes 1 to 2 months to complete. Learn more about Dispositions Without Administrations.
Disposition Without Administration of Intestate Property in Small Estates
A Disposition Without Administration of Intestate Property in Small Estates may proceed if the deceased did not have a will and their probate assets consist only of:
· Exempt personal property, and
· Non-exempt personal property that does not exceed the amount of:
a) $10,000, and
b) Preferred funeral expenses, and
c) Reasonable and necessary medical expenses within the final 60 days of the decedent’s last illness.
A Disposition Without Administration of Intestate Property in Small Estates generally takes 1 to 2 months to complete. Learn more about Dispositions Without Administration of Intestate Property in Small Estates.
Payment to Successor Without Court Proceedings
If the deceased owned financial accounts not exceeding a total of $1,000 and more than 6 months have passed since death, then a family member of the deceased may obtain these funds by providing the financial institution with a certified copy of the deceased’s death certificate and an affidavit. Learn more about payments to successors without court proceedings.
Income Tax Refund
If the deceased receives an income tax refund of $2,500 or less, then the surviving spouse or designated child may complete an application to receive the refund. Learn more about obtaining a deceased person’s income tax refund.
Do you need a probate attorney?
Provurb is not a law firm and we do not provide legal advice. Information contained in this blog is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult with a probate attorney.