Article: Depending on the size of your estate, you may be able to pass down your assets without interference from a court. However, many estates must go through the legal system for heirs to access the assets. The legal process of transferring money from a deceased account to living heirs is called probate.  The American Bar Association defines probate as "the process by which assets are gathered, applied to pay debts, taxes, and expenses of administration, and distributed to those designated as beneficiaries in the will.”  Not all estates need to be probated -- there are times when the executor of the will can distribute the estate without court interference. The personal representative will be responsible for setting up and administering the estate. Executors and administrators are the formally appointed personal representatives of an estate and have been granted Court authority to act on behalf of the estate. More often than not, the executor has been named in the will. If the decedent (the person who has died) did not leave a will the family decides who to ask the Court to appoint as administrator(s). The Court may appoint one administrator who is authorized to act alone, two or more administrators who are required to act together, or two or more people authorized to act alone, depending upon the agreement the decedent’s family reaches. Make a list of all the assets and debts in your estate. This includes property, cash, valuables (furniture, antiques, cars, etc.), investment or bank accounts, and debt. If it could be sold for money, it is an asset. You can also higher a professional appraiser to help determine the value of your estate.  Gather all financial documents including bills, bank and investment statements, and information on any outstanding loans. Add up all bills, including the payoff amount for any loans or credit cards. Add up the value of the estate assets, including the estimated value of all real estate. You may use the last appraised value of the real estate for estimation purposes. Subtract the total debt from the total assets. This is the estimated value of the probate estate. Check your state’s probate code with your attorney to determine your legal responsibilities. An estate which contains assets above your state’s small estate limit, typically $20,000 to $100,000, will need to be probated. If the estate’s assets do not exceed your state’s small estate limit and there is no dispute about who inherits what, you may choose to administer the estate by informal administration, with little to no court involvement.   If the estate’s assets do not exceed your state’s small estate limit, but if there is real estate involved you may be required to set up and administer the estate through the probate courts. Check your state’s probate code or with your attorney for your state’s rules governing small estates. If the estate’s assets do not exceed your state’s small estate limit, but there is any dispute as to whom should inherit property or pay estate debt, you may choose to probate the estate in order to have these issues decided by the Court. In informal administration, when the executor carries out the decedent's wishes, property may be transferred via an affidavit (written, court-confirmed statement) or through summary administration, bills paid by the family in almost any manner agreed upon, and no estate set up. The probate estate consists of all assets which do not pass directly to a new owner. All of these assets must go through a probate court before they are passed on. Assets pass directly to a new owner and skip probate if:  They are jointly titled with another party, such as joint bank accounts or vehicles, which list a co-owner on the title. They are named as a transfer on death beneficiary. A transfer on death beneficiary can be designated on financial accounts, vehicles, and, in some states, real estate. Transfer on death beneficiaries will be listed on the title or deed to the account, vehicle, or property if one has been named. They are named as a beneficiary. A pay on death beneficiary can be designated on financial accounts and life insurance policies. Pay on death beneficiaries are listed on the account or policy if one has been named.
What is a summary of what this article is about?
Differentiate between supervised and unsupervised distribution. Determine who will act as personal representative of the estate. Calculate the estimated value of the estate. Determine with an estate lawyer whether or not you need to go through probate. Determine which of your assets are part of the probate estate.