Summary Probate

A summary probate can be used when total assets are under $200,000, and it takes a minimum of 45 days by law. Depending on the Court's schedule, summary probate is usually completed within a couple of months. This can be a great alternative when the estate is small, real estate does not need to be sold, and all the family gets along throughout the probate process.

All heirs must agree in writing to proceed with summary probate administration in order to file the initial Petition for Probate. If just one person disagrees, then the probate cannot proceed as a summary administration.

If the beneficiaries start fighting or can not agree on certain aspects of the probate proceeding, the probate court will usually require that it be converted to a regular probate proceeding. 

Real Estate cannot be sold during a Summary Probate. This is because, in summary probate, the legal heirs are not determined until the last hearing. In order for the title (real estate deed) to change hands, all the parties must agree in writing. If a court does not determine the legal heirs until the end of probate, then there is no one during the probate to legally sign a deed to transfer the title to a new buyer. 

Summary probate is a great tool in special cases where the estate is small, there will not be any litigation from the family fighting, and real estate does not need to be sold.

NEXT: Regular Probate