If the estate is very small, is probate still required?

Probate isn’t required for many estates but it depends on both the value of the estate and the type of property. If the property in the estate is designed to pass to beneficiaries outside of probate, probate isn’t necessary.

Many states also have a simplified probate process for small estates or allow probate to be skipped entirely. In California, probate is required if the value of the estate exceeds $150,000. In Texas, probate isn’t required for estates valued at $50,000 or less. Each state has its own rules on when probate can be skipped; sometimes there is a dollar cap on the estate value and rules on what type of assets affect the estate’s value for probate purposes. For example, Georgia doesn’t require full probate if there is no will, no debts are owed, and heirs agree on how property will be distributed.

For small estates, two probate shortcuts may be available:

• Claiming property with an affidavit. This may be an option if the value of all assets except real estate is below a certain amount.
• Simplified court procedure. Many states have a simpler version of their probate that still involves the probate court but with less control over how the estate is settled.