Not every estate has to go through full probate. Whether you do depends on what assets the person owned, how those assets were titled, and their total value — not on whether there was a will.
This guide walks through the questions that determine which path applies to you. In many cases, a summary procedure — a small-estate affidavit, a spousal property petition, or a transfer-on-death deed — lets you transfer assets without ever opening a formal probate case.
This is an educational guide prepared by a Legal Document Assistant. It is not legal advice, and ProbateClear is not a law firm.
Quick check
- Estate under the small-estate limit? You may be able to use an affidavit instead of probate.
- Property held in joint tenancy or community property with right of survivorship? It may pass to the survivor without probate.
- A living trust holds the assets? Those are handled through trust administration, outside court.
If you're not sure which applies, the fastest way to find out is to answer a few questions about the estate.