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Assets that Don't Have to Go Through Probate Assets in a trust. If a person created a living trust, the assets in the trust wouldn't have to go through probate. ... Property held in joint tenancy with rights of survivorship. ... Joint accounts. ... Assets with POD or TOD provisions. ... Assets with a beneficiary designation.
Begin the process & give notice. A magistrate can issue an informal probate order as soon as 7 days after the decedent's death. ... Fill out the forms. ... Gather the fees. ... File the forms and fees. ... Post a publication notice.
Even if an estate contains probate assets, you might be surprised to learn you may not need to go through a full formal probate. If the value of the decedent's estate is less than $25,000 and does not contain any real property, than a limited version of probate called Voluntary Administration may qualify.
To commence a formal proceeding, an interested person must file a petition for formal probate with the court. The court will then issue a document called a 'citation,' which must be served on heirs and other interested parties at least fourteen days before the return date listed on the citation.
Typically, you have to probate the decedent's estate if you need to: Find out if the decedent's will is valid. Change the title (ownership) of real estate or personal property, such as bank accounts, stocks, or bonds, that is only in the decedent's name without any right of survivorship. Pay the decedent's creditors.