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Probate Proceedings

  • 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.

Probate Attorney

We understand how it feels when you are trying to navigate your way through the probate process.

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