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.

When someone dies, their [Estate](/glossary) must be [Settled](/glossary/settle-the-estate). 

This process refers to paying back any [Debt](/glossary/debt) owed by the deceased, and distributing their remaining [Assets](/glossary/assets) to designated individuals. such as [Heirs](/glossary/heir) and [Beneficiaries](/glossary/beneficiaries).  

This section of the checklist outlines the legal rules that guide this process, known as [Probate](/glossary/probate). 

Because some form of probate is required in all states, it's best to understand the process before beginning. 

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If you have any questions, [please contact us at any time](/contact).

The legal process that governs how an [Estate](/glossary/estate) is settled is known as [Probate](/glossary/probate). 

All states require some form of probate, but depending upon the circumstances of the deceased's estate, the process and legal requirements may be different. 

For example, how you approach probate can be affected by whether the deceased had a [Last Will and Testament](/glossary/last-will-and-testament), or the number of [Assets](/glossary/assets), bills, and [Debt](/glossary/debt) the deceased had prior to their passing.  

Because there are many factors that will affect probate procedures, it's best to first assess your situation. 


In order to [Settle an Estate](/glossary/settle-the-estate), a number of administrative and legal tasks must first be completed.

A legally assigned person, authorized by state law, or the deceased’s [Last Will and Testament](/glossary/last-will-and-testament), will officially manage this process. They are known as the [Administrator](/glossary/administrator) or [Executor](/glossary/executor). 

![Exclamation_Icon.svg](https://res.cloudinary.com/funeralchecklist/image/upload/v1651602606/Exclamation_Icon_a345755770.svg)**Important**
Only after the executor or administrator completes initial tasks can final [Debts](/glossary/assets) be paid and [Assets](/glossary/assets) distributed to the deceased’s [Surviving Family](/glossary/surviving-family), [Heirs](/glossary/heir), and [Beneficiaries](/glossary/beneficiaries). 

This is process is known as [Probate](/glossary/probate), and to get started, first review the deceased’s Will, or assess state law in the absence of one. 

Settling an estate requires paying debts owed by the deceased and then distributing remaining assets to individuals named in the will, or legal heirs. 

To begin this process, the executor or administrator must first organize all estate assets, bills, and debts, including any final taxes owed by the deceased. 

This will make it easier to pay bills and distribute assets of the deceased later. 


To settle an estate, the executor or administrator must pay all outstanding debt and then distribute any remaining assets to beneficiaries and heirs of the deceased. 

Before debt payments are made, gather all liquid assets, and other credits owed to the deceased, and deposit their cash value into the estate bank account. 

All of the estate's financial obligations will be managed from the estate bank account. 

![Guides_Icon.svg](https://res.cloudinary.com/funeralchecklist/image/upload/v1651602606/Guides_Icon_08a6c1692b.svg)**Read More**
To learn more about opening an estate bank account, see the [“Open an estate bank account” section of the Guide](/guides/settling-an-estate/estate-inventory/estate-bank-account).


Once all assets have been cataloged and collected, the executor or administrator must pay all outstanding bills, debts, and taxes of the deceased. 

The estate’s bills and debts must be paid before the executor or administrator can give the remaining estate assets to surviving family members, heirs, and beneficiaries. 


Once final bills, debt, and taxes have been paid, the executor or administrator is ready to give remaining assets to the deceased’s surviving family, heirs, and beneficiaries.

This process is also governed by state probate laws and approval of certain paperwork is required before final distributions can be made. 

The manner in which assets will be given to beneficiaries also depends on the probate laws of the state where the deceased lived.

If the deceased had a will, the will guides how assets should be given to beneficiaries.

In the absence of a will, state probate law will determine which heirs receive the deceased’s assets.  


Once the estate’s final bills, debt, and taxes have been paid and the remaining assets have been given to the deceased’s heirs and beneficiaries, the estate can be officially closed and the legal probate process concluded. 

In order to do this, the executor or administrator will need to deliver an accounting of all payments and distributions to the probate court for final approval.

The legal probate process will end once a judge approves that all estate obligations have been met. 

How long you have to close probate is usually determined by state law and guided by a minimum length of time rather than a maximum length.

The procedures, processes, and timeline that govern this process differ between states, so be sure to check the laws of the state where the deceased lived to ensure compliance with the law. 

Settle the Estate

Assess the estate and the need for probate

Start the probate process

Inventory estate assets and debts

Handle the estate's assets

Pay the estate's bills, debts, and taxes

Make distributions to heirs and beneficiaries

Finalize probate and close the estate