Do I even need to go through probate?
Many estates don't. Here's how to tell in a few minutes — and what it saves you.
Probate is just the court process that gives someone official permission to handle a person's money and property after they die, pay what's owed, and pass the rest on. It has a scary reputation, but a lot of estates skip most or all of it.
When you can usually skip it
If the estate is small, most states let you use a short “small estate” process — often a single signed form (an affidavit) instead of months in court. The dollar limit is different in every state, from around $15,000 to over $180,000.
You also skip probate for anything that was set up to pass directly: accounts with a named beneficiary, retirement and life insurance, property owned jointly with someone who's still living, and anything held in a living trust. Those go to the named person without a judge involved.
When you probably do need it
If the person owned things in their name alone — a house, a solo bank account — and the total is above your state's small-estate limit, a court usually needs to appoint someone before banks will release anything.
The difference is real money and months of time. That's exactly what our two-minute questionnaire tells you: whether you likely qualify for the short path, based on your state's actual limits.
Answer five quick questions and we'll tell you whether you need probate, what money you can recover, and the very first thing to do.
Start free →Common questions
Compare what the person owned in their name alone (not joint or beneficiary accounts) against your state's small-estate limit. If it's under, you can usually use a short affidavit instead of full probate.
Anything with a named beneficiary (life insurance, retirement, payable-on-death accounts), jointly owned property, and assets held in a living trust.