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Simple English definitions for legal terms
summary probate
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A quick definition of summary probate:
Summary probate is a simpler way to distribute certain estates after someone dies. It's available in most states and is used for estates that are under a certain amount of money and don't have a personal representative. For example, in California, if an estate is worth less than $50,000 and there's no personal representative, the public administrator can take control and distribute the estate quickly. To avoid summary probate, it's best to name a personal representative in your will. If you don't name one, the public administrator may still be able to distribute your estate quickly.
A more thorough explanation:
Summary probate is a simpler way to distribute certain estates after someone dies. It is available in most states and is used for estates that are under a certain dollar amount and do not have a personal representative.
In California, if an estate does not have a personal representative and the public administrator takes control of the estate, they may use summary probate to distribute the estate. However, the value of the property in the estate cannot exceed $50,000. If the estate is worth more than that, summary probate cannot be used.
To avoid summary probate, it is important to name a personal representative in your will. If you do not name a personal representative, the public administrator may still use summary probate to distribute your estate, even if you have a will.
For example, in California, if your will does not name an executor, the public administrator can still use summary probate to distribute your estate.
Overall, summary probate is a simpler and faster way to distribute certain estates, but it is important to understand the rules and limitations of summary probate in your state.