Is probate necessary for my situation?
Typically, probate is necessary for bigger estates and/or multiple assets, but it can be avoided. Here are a few scenarios in which probate is avoidable:
Lack of Urgency
If your loved one owned a house, for example, and no one cares to sell it and also continues to pay the appropriate taxes on it, then there isn't a penalty for not going through probate. Other reasons for lack of urgency could include your loved one not being in any debt or owing anyone money. Attorney Thomas Sacerich can help you decipher if this is the case for you in a manner rooted in compassion and care.
Revocable Living Trust
If your loved one transferred ownership to his or her property or businesses before passing, then probate is unnecessary because the person who owns it is still alive. To avoid probate via this route, all assets would need to be transferred.
Technically, even small estates require a probate process. However, simplified probate is an option and omits a lot of the formalities that the regular probate process entails. If your loved one's estate is eligible for the simplified process, Thomas can help you figure that out.
There are several types of assets that just don't need to go through probate court. Some of these assets include life insurance policies with beneficiaries, retirement accounts with beneficiaries, and real estate with deeds in which the joint owner is still alive.