Filing Probate Estate With No Assets
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FAQ
The probate procedure is expensive, drawn-out, and intrusive. The costs associated with the court, legal counsel, personal representatives, bonds, and accounting all add up and can create a much bigger ordeal than expected.
If the estate is insolvent and there aren't enough assets to cover the liabilities, the court will determine which creditors have priority for payment.
This can include vehicles, land, houses, bank accounts, investment accounts, stocks, bonds, and business interests. If your name is the only name listed on the deed, title, or account, then the items won't pass on to your beneficiaries without going through the probate process first.
One of the most common ways to avoid probate is to create a living trust. Through a living trust, the person writing the trust (grantor) must "fund the trust" by putting the assets they choose into it. The grantor retains control over the trust's property until their death or incapacitation.
Probate assets include: Real estate, vehicles, and other titled assets owned solely by the deceased person or as a tenant in common with someone else. Tenants in common don't have survivorship rights. The owners can bequeath their share of the property to someone else.