Summary probate is a simplified version of the normal [Probate](/glossary/probate) process, used to settle the affairs of a deceased person's [Estate](/glossary/estate) when its value falls below a certain threshold specified by state law. 

The purpose of summary probate is to provide a faster, cheaper, and less complex method for paying the [Debts](/glossary/debt) and distributing the [Assets](/glossary/assets) of a deceased person's estate as compared to the traditional probate process.

## The specific rules and requirements for summary probate vary by state, but common characteristics of small estate probate include:

**Value Threshold:** To qualify for summary probate, the total value of the deceased person's assets typically must be below a specific threshold set by the state's probate laws. The threshold can vary significantly from one jurisdiction to another.

**Eligibility:** Not all estates are eligible for summary probate. It is generally reserved for cases with relatively small and uncomplicated estates. The eligibility criteria may vary depending on the jurisdiction and may not only be tied to the value of the estate. 

**Simplicity and Speed:** summary probate is designed to be a more streamlined and expedited process compared to regular probate. It is intended for cases where the estate is relatively straightforward and of small value.

**Court Oversight:** Although summary probate is less "formal" than regular probate, it still requires [Probate Court](/glossary/probate-court) oversight and an [Executor](/glossary/executor) or [Administrator](/glossary/administrator) may still be required to help manage the process. 

**Limited Documentation:** In summary probate, the required documentation and paperwork are typically simplified and reduced compared to regular probate. This is to facilitate a quicker resolution of the estate.

**Creditor Claims:** During summary probate, there is a specific period for [Creditors](/glossary/creditors) to make claims against the estate. After the deadline passes, the estate's assets can be distributed to beneficiaries without further creditor claims.

The laws and regulations that govern summary probate vary by location, and the rules can be complex. As such, it's advisable to consult with an [Estate Attorney](/glossary/estate-attorney) or [Probate Attorney](/glossary/probate-attorney) for guidance. 

Also known as <a href="/glossary/small-estate-probate">Small Estate Probate</a>.

A title is a legal document that refers to the ownership rights a person or entity holds in a property or other type of [Asset](/glossary/assets). Titles establish the lawful right for the  owner to possess, use or transfer the asset. 

These types of assets can include real estate property, vehicles, other types of personal property, or financial accounts.

## After a death, titles are important in many ways: 

**Probate and Title Transfer:** A deceased person's assets are typically transferred to their [Heirs](/glossary/heir) or [Beneficiaries](/glossary/beneficiaries) according to their details outlined in their [Will](/glossary/will) (if they have one), or the according to state law if they did not. This transfer occurs during the [Probate](/glossary/probate) process and the titles of these assets are officially transferred from the deceased's name to beneficiaries' names.

**Automatic Transfer:** In some cases, certain assets may be able to bypass probate entirely due to the structure of their ownership titles. For example, assets held jointly, known as [Joint Tenancy](/glossary/joint-tenancy), or assets with designated beneficiaries (e.g., life insurance policies, retirement accounts), transfer directly to the surviving co-owner or beneficiaries outside of probate.

**Real Estate:** Real estate ownership is typically represented by a [Deed](/glossary/deed) which specifies the legal owner's title. After a death, a deed is used as the legal document to transfer titles from the deceased to another person. This process may require probate, depending on state law, or the property ownership structure (for example, if the property was owned jointly).

**Vehicles and Personal Property:** Similar to real estate, vehicles and personal property also have titles that establish ownership. After the owner's death, the transfer of these titles may be occur during probate or handled through procedures established by state laws.

**Account and Financial Titles:** Financial assets, such as bank accounts, stocks, and bonds, may have account titles or ownership designations. After a death, the titles of these financial assets may need to be updated to reflect the new owner.

The concept of title is crucial for identifying ownership, transferring assets, and ensuring that assets are distributed according to the deceased person's wishes or applicable state law. 

During probate, it's helpful to work with an [Estate Attorney](/glossary/estate-attorney) or [Probate Attorney](/glossary/probate-attorney) to ensure that titles are appropriately managed and that assets are transferred to the rightful heirs or beneficiaries.

A title company is a specialized firm that helps manage the transfer of real estate property after the death of an owner. 

They help research real estate [Titles](/glossary/title) to verify that the deceased owned the property, identify any existing [Liens](/glossary/lien), and ensure that it's clear for transfer to [Surviving Family](/glossary/surviving-family) members, [Heirs](/glossary/heir) or other [Beneficiaries](/glossary/beneficiaries).

Title companies also provide insurance to protect against unforeseen issues when [Administering](/glossary/administer-the-estate) the deceased's [Estate](/glossary/estate). 

## Title companies help after the death of a property owner in a number of ways including: 

**Title Search and Verification:** They conduct a comprehensive title search to verify the legal ownership of the property within the deceased's [Estate](/glossary/estate). This is a critical step to confirm the title's legitimacy and identify any potential issues that need to be addressed during the [Probate](/glossary/probate) process.

**Title Insurance:** Title companies may offer insurance policies that protect the new owners (heirs or beneficiaries) from any unforeseen claims or disputes related to the property's ownership or title that may arise during or after the probate proceedings.

**Facilitating Property Transfers:** They assists in the smooth transfer of property ownership by preparing the necessary legal documents, such as [Deeds](/glossary/deed) or [Affidavits](/glossary/affidavit), to formally transfer the property to the rightful heirs or beneficiaries as determined by probate proceedings and in accordance with the wishes outlined in the deceased's [Last Will and Testament](/glossary/will).

**Resolution of Title Issues:** They address any title issues or discrepancies that may arise during the [Estate Settlement](/glossary/settle-the-estate) process, working to resolve them to ensure a clear and marketable title for the property.

**Collaboration with Probate Attorneys:** Works closely with [Real Estate Attorneys](/glossary/real-estate-attorney), [Estate Attorneys](/glossary/estate-attorney), and [Probate Attorneys](/glossary/probate-attorney) to ensure that property-related legal aspects are handled correctly and in compliance with state laws and regulations.

**Closing Services:** They coordinate the closing of real estate transactions, facilitating the signing of documents and the exchange of funds, ultimately completing the property transfer in accordance with the probate orders.

Timeshare contracts and inheritance laws should be reviewed in full to determine if there are any specific requirements. 
 
Understanding what is required per the timeshare contract is critical to avoid legal recourse, late fees, breached agreement arguments, or penalties.

With no payment or communication, some timeshare companies might initiate legal action in 60 days after a breach or missed payment. 
 
Communicating with the timeshare company immediately helps to get an overview of the available options.
 
If this timeshare will remain in probate for some time or pass relatively quickly to someone via an inheritance, continue to make payments on the property and keep good records of those payment


If the deceased owned one or more timeshares, each of these must be evaluated individually.

If the timeshare is mentioned in the last will and testament for the deceased, inform the timeshare management company that this will enter probate status. 
 
If the deceased had a stake in a timeshare, a lawyer might be needed to review the contract in full and to determine how to exit their share.

Each contract has different requirements and potential timelines, so act quickly.

If the timeshare ownership document cannot be located, attempt to find more details in the deceased’s paperwork or email files. 

For each type of account the deceased had, you will need to follow the steps and procedures for closing. 

These steps and procedures can and will vary between types of account as well as between different companies, organizations and institutions.

In this chapter, you will find help with closing the most common types of accounts 

![Exclamation_Icon.svg](https://res.cloudinary.com/funeralchecklist/image/upload/v1651602606/Exclamation_Icon_a345755770.svg)**Important**
Whether it’s an executor or family member helping with this process, it’s important to keep records of all accounts that have been closed and any associated expenses. 

![Guides_Icon.svg](https://res.cloudinary.com/funeralchecklist/image/upload/v1651602606/Guides_Icon_08a6c1692b.svg)**Read More**
For more information on record keeping for an estate, see the [“Keep accurate records of all estate bills, debts, taxes and other expenses” section of the Guide](/guides/settling-an-estate/estate-assets/records).

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