Does Every Deceased Persons Estate have to go through Probate?
No. If property is held in joint tenancy, which can be determined by looking at the deed or document where the decedent is named with another person (or more) as joint tenants, such property does not have to go through the probate court and can be simply transferred to the surviving joint tenant by use of simple documents and death certificates. Estates with total assets less than $60,000 and no real estate do not need to go through the probate process. This procedure is called Small Estate administration where certain affidavits are presented to banks, etc. so the person entitled to receive the asset may receive it without going through the probate court. Living trusts, if drafted properly and all formalities followed (such as properly transferring property into the trust from the decedent’s name), need not go through probate. If a community property agreement was executed between spouses, the first spouse’s estate does not need to go through probate. Instead, the deceased spouse’s es
