Figuring out what type of probate you need depends on a few key things like the size of the estate, the type of assets involved, how long the person has been deceased, and your state’s laws (Florida has some unique rules if you’re there).
How to Tell What Type of Probate You Need:
1. What is the total value of the estate?
- Small Estate? Many states (including Florida) have a simplified process if the estate is under a certain dollar amount.
- Example (Florida): Under $75,000 (not including exempt assets like homestead property)? You might qualify for Summary Administration.
- Large Estate? If the estate is over that threshold or has complex issues (like debts or disputes), you’ll likely need Formal Administration.
2. How long has it been since the person passed?
- More than 2 years ago? You might automatically qualify for Summary Administration because creditors’ claims are usually barred after that time.
3. What kind of assets are involved?
- Just personal belongings or a small bank account? Maybe no probate is needed, or just an affidavit (depending on state rules).
- Real estate, vehicles, investments, or business interests? You’ll almost always need some level of probate to legally transfer those.
4. Is there a valid Will?
- If yes, the will may outline who the executor/personal representative is, which affects how probate is filed.
- If no will (intestate), state law decides how assets are divided, and probate is typically necessary.
Common Types of Probate (using Florida as an example):
- Formal Administration: Estate > $75,000 or complex situations. Full court-supervised process
- Summary Administration: Estate ≤ $75,000 or decedent died > 2 yrs. Faster, cheaper, less paperwork
- Disposition Without Administration: Small reimbursements (like funeral costs). No formal probate, very limited
Quick Test:
- Estate under $75k? → Summary Admin might work.
- Over $75k or complex assets? → Probably Formal Admin.
- No real assets, just paying minor expenses? → Maybe Disposition Without Administration.
If you’re in Florida and want, I can even guide you step-by-step based on what assets are involved. Are you helping with an estate right now?
