Whether or not you need to go through probate depends on the size and complexity of your estate. If you have a small estate, you may be able to avoid probate through a process called small estate administration. However, if you have a large or complex estate, you will likely need to go through probate.
Here are some general guidelines to help you determine if you need to go through probate:
- If you have a will and your assets are titled in your name alone, you will likely need to go through probate.
- If you have a revocable living trust, your assets will avoid probate.
- If you have a small estate (typically less than $50,000 in assets), you may be able to avoid probate through small estate administration.
- If you have joint tenancy assets with right of survivorship, these assets will pass automatically to the surviving joint tenant and will not go through probate.
If you are unsure whether or not you need to go through probate, it is always best to consult with an attorney. They can help you assess your situation and determine the best course of action.