A loved one died and I need help! |
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 What estate planning documents did the loved one have? |
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 Do I need to file a probate? |
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 What is probate? |
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| How long does probate take? |
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| How much does probate cost? |
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| Am I required to file a probate? |
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| What are probate assets vs. non-probate assets? |
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Probate assets are those not subject to probate avoidance devices. Non-probate assets are those where title to the asset is held by the following methods: (a) joint tenancy, (b) trusts, (c) pay-on-death accounts (sometimes called totten trusts), and (d) any asset with a beneficiary designation. Generally, these assets are not controlled through a probate proceeding and thus pass to heirs or beneficiaries without court intervention. For example, if your loved one held title to his house in joint tenancy with his wife, that asset would pass to his wife by operation of law. If your loved one also had a certificate of deposit in excess of $100,000 in his name alone, his wife would have to use a probate proceeding to transfer the certificate of deposit. In addition to these assets, there are registered assets that also pass outside of probate which include automobiles, boats and mobile homes. The asset is transferred when the person entitled to the asset completes an affidavit with the appropriate agency, such as the Department of Motor Vehicles for automobiles. |
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| Are there other reasons for filing a probate? |
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| How do I manage this process when I live far away? |
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| The bureaucracy is holding everything up; what can I do? |
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| The person in charge is being secretive; what can I do? |
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| It appears that there is stealing from the estate; what can I do? |
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| The will or trust was changed under suspicious circumstances; what can I do? |
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