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Probate Process


After the difficultly of losing a loved one, the legal process of probate can be unfamiliar.

Many factors go into the determination of which type of probate should be used to open, administer, and close the estate. Factors such as the valuation of probate assets, whether there is a valid will, and if any probate matters will be contested are just a few.

It is important to note that not all assets are considered probate assets. The evaluation of whether the asset is a probate or non-probate asset depends on how title is held on the asset and if the account has any beneficiary listed.



Small Estate Probate

For the estate of an individual who passed away without real estate or with real estate held in joint tenancy* and less than $70,000 in probate assets.

Informal Probate

For the estate of an individual who passed away with real estate or with real estate held in joint tenancy* and/or more than $70,000 in probate assets. This type of probate may be used if there is a valid Will and no one is contesting anything regarding the estate.


Formal Probate

For the estate of an individual who passed away with either real estate or with real estate held in joint tenancy* and/or more than $70,000 in probate assets. This type of probate is necessary used when there is not a valid Will or an individual is contesting a matter regarding the estate.

*Real estate held in joint tenancy can transfer to the joint owner by right of survivorship and this type of real estate ownership does not cause probate to be opened in and of itself.

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