When Is Probate Required?
Answer a few questions to find out if an estate needs full probate, qualifies for simplified procedures, or can avoid probate entirely.
If probate is required but skipped, heirs cannot legally transfer assets like real estate or access certain bank accounts. Financial institutions and government agencies require proper legal authority to release assets. Without probate, heirs may face title issues, inability to sell property, and potential legal liability.
Assets that typically avoid probate include: property held in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD/TOD accounts), jointly owned property with right of survivorship, and in some states, property held as community property with right of survivorship.
A small estate affidavit is a sworn statement that allows heirs to collect assets without formal probate when an estate falls below a certain value threshold. Thresholds vary by state from $15,000 to $400,000. 23 states require a 30-day wait after death before the affidavit can be used; 15 require none, and the longest wait is 60 days. Our Probate Self-Filing Guide includes small estate affidavit eligibility for your state.
No, having a will does not avoid probate. A will must be validated through probate court before assets can be distributed. A will tells the court who should receive assets, but the court must still supervise the process. To avoid probate, you need other tools like trusts or beneficiary designations. Use our Do I Need a Trust? tool to see if a trust is right for your situation, or set one up online with SimplyTrust.
Real estate can avoid probate if it's held in a living trust, owned jointly with right of survivorship, or (in some states) has a transfer-on-death deed recorded. Otherwise, real estate typically requires probate to transfer ownership, even if it's the only significant asset.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
Learn more
Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
Learn more
Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
Learn moreForms for Settling an Estate
Free forms for settling an estate: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Petition for Probate and Letters
Open probate and ask the court to appoint you and issue Letters Testamentary or Letters of Administration.
Notice to Creditors
Notify estate creditors and start the claim period — the published notice plus mailed copies for known creditors.
Renunciation of Executor
Decline an appointment as executor named in a will — the writing filed with the court before anyone is appointed.
Affidavit of Heirship
Prepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, with your state's recording instructions.
Small Estate Affidavit
Collect a small estate's property without probate — the sworn affidavit presented to banks and other holders, with a presentation letter for each.
Tools for Settling an Estate
Free tools for settling an estate: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
Calculate how many certified death certificates you need and see ordering info for your state.
Do I Have to File Tax Returns for Someone Who Died?
Find out which tax returns need to be filed after someone dies and whether tax clearance is required.
How Do I Settle an Estate?
Personalized plan for settling an estate after someone passes away.
What Do I Do When Someone Dies?
A step-by-step checklist for the days, weeks, and months after a death, with state rules noted where they apply.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax, and inheritance tax for an estate.
What Taxes Apply to My Inheritance?
Inheritance tax by state, federal tax on inheritance, and timeline estimates for receiving money, property, or retirement assets.
