Probate
If your loved one passed away with undesignated assets, a formal or summary probate administration may be required. We understand this time is extremely difficult and it is our goal to assist you throughout the probate process.
If all of the assets of the decedent 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 solely titled assets.
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 or if Letters of Administration are required. 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.
When a loved one passes away without a will, the court refers to the decedent as dying “intestate.” The court will then appoint a personal representative to distribute the estate of the decedent in accordance with state laws.
Summary administration is when the decedent’s assets are equal to or less than $75,000 while a formal administration is used when the assets are above $75,000 or if Letters of Administration are required.
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