- Are you needing to start a probate?
- Has someone died without a will?
- Has someone passed away with a will?
Are you wondering whether you need to start a probate? Probate proceedings are generally needed in the following circumstances:
- When someone has died without a will and any of the following are true:
- They owned real property (i.e. house, condominium, building, land, etc.)
- They owned real property held in their own name
You may not need probate proceedings if someone died and any of the following are true:
- They owned real property in joint tenancy as a joint tenant
- They owned personal property with another person also on title.
You may need only a limited probate proceeding if any of the following are true:
- They owned real property along with their spouse as joint tenants
- They owned real property along with their spouse and held title as community property with the right of survivorship
- They owned real property along with their spouse
- They owned personal property in their name only and the total value of their property is less than $100,000.
There are different options to explore that may be a cost-saving alternative to probate. You should make sure you understand those probate proceedings. And if you are still in the exploratory stage where everyone is still alive, there are non-probate options such as a living trust which may avoid the cost and expense of probate entirely.