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If there is a surviving spouse and the net value is under $100,000 a small estate is necessary. If the net value is over $50,000 and there is no surviving spouse, a regular estate is necessary.
Small Estate - property of the decedent subject to administration in Maryland is established to have a value of $50,000 or less ($100,000 or less if the spouse is the sole heir).
A small estate could comprise of assets worth less than around £10,000. This would mean they wouldn't own their house and any assets they do have would be items left after passing.
If a family member has recently passed away owning real property, there may not be a need for a full probate administration. Instead, Tennessee law allows for the filing of a muniment of title and an affidavit of heirship to transfer property.
Estate Type Regular Estate (RE) - Assets subject to administration in excess of $50,000 ($100,000 if the spouse is the sole legatee or heir). Regular Estate Judicial (RJ) - A proceeding conducted by the Orphans' Court when matters cannot be handled administratively.
This is done by filing a ?Petition for Declaration of Completion of Administration? along with any supporting documentation. The court will review your petition and, if everything ticks, will issue an Order Closing Estate. With this order, you can distribute any remaining assets to the rightful heirs and beneficiaries.
A determination of heirship proceeding is a special type of probate proceeding that only occurs if there was no will to probate, or alternatively, a will was not timely presented for probate within one year.
In this situation, an heir can simply file what is called an affidavit of heirship with the court. You may find this form on your state court website or through the court clerk's office, or you may need to have an attorney or legal services firm create one for you.