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How to Fill Out the Form. To complete the Application for Probate, you'll need the deceased's full legal name, date of death, and address. You'll also need a copy of the will and information about the named executor. The form usually requires a description of the estate's assets and their estimated value.

An affidavit can be filed if the fair market value of the estate is $275,000 or less. Of that amount, no more than $200,000 can be attributable to real property and no more than $75,000 can be attributable to personal property.

Probate assets can include: Real estate and vehicles. Titled assets owned solely by the deceased person will be part of the probate process.

Probate can be started immediately after death and takes a minimum of four months. If the estate includes property that takes a while to sell, or if there are complicated tax or other matters, probate can last much longer. A small estate proceeding cannot be filed until 30 days after death and is complete upon filing.

Sometimes probate is needed to: Clear title to land, stocks and bonds, or large bank or savings and loan accounts that were held in the name of the deceased person only, and put the title to these assets in the names of the rightful beneficiaries. Collect debts owed to the deceased person.

A decedent's nonprobate estate includes any property owned by the decedent immediately before death for which the decedent had the power to designate a beneficiary, but only to the extent that the decedent could have designated the decedent, or the spouse of the decedent, as the beneficiary.

Vehicles. There are three different ways to go about avoiding probate when it comes to vehicles. You can hold title with another person of your choosing as a joint tenant with the right of survivorship. You can sign the back of the title WITHOUT dating it.

Sometimes probate is needed to: Clear title to land, stocks and bonds, or large bank or savings and loan accounts that were held in the name of the deceased person only, and put the title to these assets in the names of the rightful beneficiaries.

If a person dies leaving very few assets, such as personal belongings or household goods, these items can be distributed among the rightful beneficiaries without the supervision of the court. Estate planning, including Living Trusts, Payment on Death Accounts, and Transfer on Death Deeds, may help avoid Probate.