![]() Talk to all family members to find out who is interested in what property. As the executor, you must proceed with great care. Nevertheless, wills vary greatly in terms of how detailed they are in allocating property. The decedent’s will typically specifies what each beneficiary will receive: specific assets, money, or a percentage of the estate. It may also be the only option for estates that are too large to qualify for summary administration.ĭetermine which beneficiaries will get specific assets. This is the best option for more complicated estates. For example, in California an estate cannot be worth more than $150,000. To be eligible, the estate must be smaller than a certain amount. Most states also offer an informal probate procedure called "summary administration" or "simple" probate. In this situation, property may be claimed by affidavit. ![]() X Research source In California, you can avoid probate if the estate is valued at no more than $150,000 or property is valued at no more than $50,000. In Florida, you can avoid probate altogether if the assets are exempt from creditor claims or are sufficient to only cover funeral expenses. If the estate is small enough, most states allow the property to be distributed without going through probate. X Research source The Executor’s Guide, Mary Randolph, J.D. States offer many different kinds of administration. Once you have a general idea of the size of the estate, you should choose a method of administration. You should choose someone who you trust and like personally.Ĭhoose a method of administration. As the executor, you will be in frequent contact with the attorney. For example, if you are dealing with complex trust instruments, then you may need to hire someone who is a trust expert. Additionally, if the estate is particularly large, then choose an attorney who has experience in the particular type of estate that you will probate. Choose an attorney who specializes in probate work. This person will have familiarity with the relevant estate laws and probate procedure. It is usually best to choose an attorney who practices in the state where the decedent lived. To find a probate attorney, contact your state’s bar association, which should run a referral service. X Research source In other states, you are strongly encouraged to have a lawyer, who can help you navigate the probate process and keep you from making mistakes. X Research source Some states, like Florida, require an attorney to go through regular probate. It is extremely important to hire an attorney.
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