Is there an easier process than probate if the decedent leaves only a small estate?
When a person dies, their estate is normally put through probate. This is to ensure that the will is valid, deal with any contests of the will, and deal with the disbursement of the estate. Any debts owed by the decedent are paid from the estate funds, and any monies due to the decedent (such as insurance policies, unpaid salary) are also gathered during the probate process.
The rules regarding probate will vary from state to state, and you will find that each state has different costs, timescales, rules and regulations. Therefore, if you have any questions regarding any aspect of the probate process, you will need to check with officials in the state in which the decedent lived.
As with many other matters, any special or easier processes as an alternative to probate will also differ from state to state. Many people are confused as to whether - or why – they need to go through probate if the decedent only left a very small estate. One common question is whether there is an easier process that can be used as an alternative to probate if the estate left is insignificant. Again, this is something that you would need to check with the state in question, as the laws will vary depending on the state.
The sum of the estate that is considered ‘insignificant’ enough to go through another process rather than probate will also differ. For example, some states may consider an estate below $3,000 to be small, whereas another state may consider an estate to be small if its value falls below $7,000. It is these state laws that will determine whether the estate has to go through probate or not, and whether there is another alternative that can be used.
You may find, however, that unless the decedent left no debts and everything is clean cut and smooth running, going through probate could be the easier option. This process, although it can be lengthy, ensures that everything is dealt with properly, and that everyone from the tax office to the credit card company is paid off, making it easier to disburse the remaining estate. More importantly, probate also validates the will, so the process provides the peace of mind that the matter will be dealt with effectively and as the decedent would have wanted.
