Whether probate is required depends on the estate’s size, how assets are titled, and your state’s rules. A few common situations:

‍Smaller estates with limited assets
‍If the estate is below your state’s threshold (often $25,000-$150,000), you may be able to use a simplified process called a Small Estate Affidavit. Assets held in a trust, or accounts already in your name, also usually avoid probate.

‍Larger estates or estates with real property
‍If your loved one owned a home, land, or significant assets in their name alone, probate is usually required. The court will oversee the process of transferring those assets.

‍Jointly owned or beneficiary-designated assets
‍Joint bank accounts, retirement accounts, or life insurance with a named beneficiary typically transfer outside of probate.

‍Trusts
‍If your loved one created a trust, assets titled in the trust may not need to go through probate at all.

Every county has its own rules and thresholds, so it’s always a good idea to confirm what applies in your area.

If you think your estate may need to go through the probate process,
Schedule a call with an Alix specialist.

When a spouse passes away, some assets transfer automatically while others require paperwork or court involvement. A few common scenarios:

‍Jointly held property (like a family home or shared bank account) usually transfers directly to the surviving spouse, though you may still need to update titles, deeds, or account records.

‍Retirement accounts, life insurance policies, or pensions typically go to the named beneficiary on file. If you’re listed, you can usually claim these directly with the institution.

‍Individually owned assets (things only in your spouse’s name, like a car or separate bank account) may need to go through probate before they can be transferred.

‍Household bills and debts in your spouse’s name might still need to be closed, negotiated, or transferred, depending on state law.

‍Community property states (like California or Texas) have specific rules that may affect how assets are divided, even between spouses.

In many cases, transfers are straightforward, but it’s always important to check your state’s requirements and review account or policy paperwork. Starting with a clear list of assets and how they’re titled will help you understand what needs attention.