Practice areas:

Non-Probate Transfers

Decedent’s personal property (such as bank accounts, vehicles, etc.), with gross value of less than $150,000 can be administered outside of Probate court by a process called “Small Estates Affidavit” or “Affidavit for Collection.” Certain rules, including creditor protection rules, apply here. Such Affidavit cannot be executed earlier than 40 days after the death.

However, where Real Estate is concerned, no matter what its value, when left in a Decedent’s name alone, the process of transfer to the Decedent’s heirs must go through Probate Court. Depending on its value, there are two levels of Summary Probate: up to $50,000, and from $50,000 to $150,000.

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