This toolkit tells you what you need to know about distributing an estate that is worth more than $27,000. For general information, read the Articles. Read the Common Questions if you have a specific question. Go to Courts & Agencies for information about the court or agency that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
A decedent leaves property behind. That property needs to be passed on to those who will inherit it. This property could include:
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Real property (houses and other buildings, land and the things attached to it)
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Personal property (furniture, cars, and other things not attached to land)
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Bank accounts
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Stocks and bonds
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Debts owed to the person
Some of the decedent’s property is not part of the estate, and is not distributed through the probate court. The estate usually does not include:
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Jointly owned property
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Insurance policies
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Retirement accounts
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Trusts that are not established by a will
Formal probate proceedings are heard by a probate judge, while informal proceedings are heard by a probate register. Formal probate has more steps than informal probate. If a dispute over the will or appointing a personal representative is likely, formal probate gives more oversight and finality than informal probate. To learn more, read An Overview of Informal Probate and An Overview of Formal Probate.
Supervised administration involves more steps and limits the power of the personal representative, if one is appointed.
You can ask for supervision at any time and for any part of the proceedings. You can also ask to end supervision at any time. To learn more, read Supervised and Unsupervised Probate Administration.