Summary Proceedings

In some states, if the value of your estate (i.e., what you own at your death) is below a certain monetary threshold, anyone who is entitled to inherit from you can file a petition and have the money and property distributed without the traditional probate proceedings. The filing may require court appearances and formal legal notices to anyone who might be interested before your money and property can be distributed.

Affidavit Procedure

Some states allow an affidavit to be used to collect and distribute your money and property if the total value is under a certain amount. Often, the affidavit can be signed by a successor with priority, such as a spouse or an heir, to wrap up your affairs without court involvement, while other states require that the document be filed with the court. Generally, affidavits require the passing of time, ranging from a few days to a few months, from the date of your death. After the time has passed, your successor signs the affidavit and presents it to collect your money and property for distribution to your rightful heirs.

Supervised Probate

In supervised probate, the probate judge oversees every step of the administration process and must approve your trusted decision makers, or personal representative’s, actions. During supervised probate, all required documents must be filed with the probate court and then sent to any interested persons. The process can be very time-consuming and expensive. Each time the personal representative has to take an action, they have to file a legal form and send it to the interested parties, which, in contentious situations, opens up the possibility for disagreements and additional attorneys’ fees.

Unsupervised Probate

When there are no controversies and all the parties get along, unsupervised probate administration may be the best option. In this situation, although the administration is not supervised by a court, there are still actions the personal representative must take, but they may not have to file documents for each step. However, filing certain documents such as an inventory of your accounts and property with the court and the interested parties may be required, but there is no corresponding hearing. While unsupervised probate is less complicated and possibly less expensive than supervised probate, it can still be time-consuming and your financial and personal affairs will become a matter of public record.