Small estate probate administration exists in some form in all states. This process allows estates below a specific value to be probated without all the requirements of formal, supervised probate. Even if your state does not require the estate administrator of a small estate to have a probate attorney, you’d be better off at least talking to one if you are named executor or administrator. Probate laws differ by state, and only a qualified probate attorney will know all the technical details that you’ll need to know to properly administer a small probate estate.

Qualification: Even before you begin the small estate probate process, you may have to talk to an attorney to make sure you qualify. Each state determines what kind of estate qualifies for simplified procedures, and each has its own different standards. For example, states typically set a dollar limit for small probate estates, but how they determine what qualifies as probate property differs.

Procedures: Small estate probate typically requires interested parties to file affidavits with the court. Anyone claiming property must file an affidavit that states what property he or she is entitled to take and do so within a specific time period. However, states may have different forms claimants have to file depending on whether the decedent died intestate or left behind a Will. They may also require the individual claimants to file their forms or have the estate administrator do it.

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

Whether you are developing your own estate plan, have recently had a loved one pass away or have been asked to be the executor for someone else’s Last Will and Testament, a basic understanding of the probate process is crucial. In general, probate is a legal process that is often required to be completed when someone dies. Although state laws will vary with regard to what estates are required to be probated and which type of probate process is appropriate, there are some common aspects to the probate process.

When someone dies, the first thing that loved ones or family members typically do, from a legal perspective, is to look for a Last Will and Testament. The next step is generally to petition the appropriate court to initiate probate proceedings. Some states allow small estates with total assets under a specific dollar amount to avoid formal probate by using a small estate administration, small estate affidavit or similarly named procedure. If formal probate is required, the process can be lengthy and costly. As a general rule, formal probate is also required when a will was not executed in order to determine who the legal heirs to the estate are.

Someone must be appointed or approved by the court to oversee the day to day handling of the decedent’s estate. If a will was executed, this is the executor named in the will.  If there is no will, the court will appoint someone to act as executor. The assets of the estate are then inventoried and the debts paid. If there are no contested debts, a will contest has not been filed and all estate taxes have been paid, then the court will eventually approve the release of the remaining assets to the beneficiaries.

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

Don’t miss “Estate Planning Made Easy” next week on Dec 7 at 6:30p at SW Community Center for free! www.rbsllc.com

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

Join attorney and author Richard B. Schneider at SW Community Center’s free class “Estate Planning Made Easy” on Dec 7 from 6:30-8p. www.rbsllc.com

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

What happens if you don’t do it?  Author Richard B. Schneider conducts a free workshop at 10:30a. for Gladstone Senior Center, “Estate Planning Essentials For Everyone” www.rbsllc.com

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

Alleviate anxiety by planning ahead.  Attend Gladstone Senior Center’s “Estate Planning Essentials For Everyone” tomorrow on Nov 15 from 10:30a-12p. www.rbsllc.com

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

Join attorney and author Richard B. Schneider tonight at Hollywood Library’s free 6:30p program “Wills, Trusts & Estate Planning” www.rbsllc.com

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

Especially if you don’t do it – estate planning!  Attend Hollywood Library’s free program “Wills, Trusts & Estate Planning” tomorrow from 6:30-7:45p. www.rbsllc.com

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

…by attending “Wills, Trusts & Estate Planning,” Central Library’s free “Wills, Trusts & Estate Planning” brown bag lunch program tomorrow, Nov 10 from 12-1:30p. www.rbsllc.com

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

Visit Gladstone Senior Center next Tuesday, Nov 15 for “Estate Planning Essentials For Everyone” from 10:30a-12p. www.rbsllc.com

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.