Probate for Estates under $50,000
Probate is the court-supervised process for the orderly transfer of a decedent’s assets to those who are entitled to them. The process ensures that notice is properly given, that all debts, taxes, and expenses are paid, that the assets are distributed in accordance with the last Will or to the heirs as determined by statute.
Summary Settlement:
A Summary Settlement proceeding can be used whenever there is a surviving spouse or minor children and the estate, less the amount of the debts for which any property is security, does not exceed $50,000. It may also be used whenever the value of the estate does not exceed the priority debts (e.g., taxes, administrative, funeral and burial, last illness, spousal and family allowances).
Summary Assignment:
Summary Assignment can be used whenever the value of the estate, less the amount of the debts for which any property is security, does not exceed $50,000 and summary settlement does not apply.
Transfer by Affidavit:
Generally, when a decedent leaves property subject to administration in this state which does not exceed $50,000 in value, any heir of the decedent, trustee of a revocable trust created by the decedent or person who was guardian of the decedent at the time of the decedent's death may collect any money due the decedent, receive the property of the decedent and have any evidence of interest, obligation to or right of the decedent transferred to the affiant if the heir, trustee or guardian provides to the person owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, obligation to or right, or if the property is an interest in or lien on real property, provides to the register of deeds preliminary to the recording required, a Transfer by Affidavit may be used.
Guidelines and Procedures:
You may click on the following for a guideline and/or forms required: