Define: Summary Probate

Summary probate is a simplified and expedited probate process available for small estates with limited assets and uncomplicated distribution issues. In summary probate, the court proceedings are streamlined, and formalities are minimised to facilitate a quicker and more cost-effective resolution of the estate. The specific criteria for qualifying for summary probate vary by jurisdiction but typically include estates below a certain value threshold, such as a specified dollar amount or the value of real property. A summary probate may involve filing simplified paperwork, presenting minimal evidence, and attending a brief court hearing to approve the estate’s distribution. This process aims to provide a more efficient alternative to traditional probate proceedings, reducing administrative burdens and legal expenses for the estate’s beneficiaries.

A relatively simple probate proceeding available for “small estates,” as that term is defined by state law. Every state’s definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn’t exceed what is needed to pay a family allowance and certain creditors.

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This glossary post was last updated: 13th April, 2024.