Guide
Do I need probate?
Not every estate goes through probate. Use this decision guide to see whether your situation qualifies for a small estate shortcut.
You usually need probate when the deceased owned assets in their sole name without a beneficiary. You can often skip it when assets pass by joint title, payable on death designations, or a living trust, or when the estate falls below your state's small estate threshold.
Step by step
List what was owned in sole name
Probate is only required for assets the deceased owned alone without a survivor or beneficiary.
Check beneficiary designations
Retirement accounts, life insurance, and payable-on-death accounts pass directly. They skip probate.
Check joint titles
Real estate or accounts held jointly with right of survivorship transfer automatically to the survivor.
Check for a living trust
Anything titled in a trust passes under the trust terms, outside of court.
Compare to your state's threshold
If the remaining sole-name assets are under your state's small estate threshold, you may use a simplified affidavit.
Common questions
What is a small estate affidavit?
A short sworn statement, allowed in most states, that lets heirs collect modest assets without opening probate.
Does a will avoid probate?
No. A will guides probate, but does not skip it. Only trusts and beneficiary designations bypass court.