Options Jonathan may recommend
- Muniment of title. The will is admitted to probate as proof of who receives the property, but no executor is appointed. It’s generally available when there are no unpaid debts other than those secured by real estate, and no Medicaid claim against the estate.
- Small estate affidavit. For smaller estates with no will. In general, the estate must be worth $75,000 or less, not counting the homestead and exempt property, and a judge must approve the affidavit.
- Determination of heirship. A court proceeding that legally establishes the heirs when there’s no will, often needed to transfer real estate.
- Affidavit of heirship. A sworn statement recorded in the property records, sometimes used to clear title to real estate.
- Assets that pass on their own. Accounts with beneficiaries, payable-on-death or transfer-on-death designations, survivorship accounts and transfer on death deeds pass outside probate.
Planning ahead to avoid probate
If you’re planning your own estate, Jonathan can show you how a living trust, a transfer on death deed and coordinated beneficiary designations can keep your family out of probate. See Estate Planning.
Find out which path fits your family's situation. Schedule a consultation.