Does a will have to be probated?
After a death when the deceased left a will, it is common to question whether a will must be probated or not. In most cases, the probate process is necessary. However, the full probate process may not need to take place if the estate meets certain conditions. An estate can be released from administration if the value of the assets is low and/or if certain other conditions are m. For example, the full probate process is not necessary if the value of all of the estate assets is $35,000 or less.
If the value of the assets in the estate are $100,000 or less, the assets were left to a surviving spouse and the deceased left instructions, the estate can be released from administration so the full probate process isn’t needed. Finally, if the deceased is survived by a spouse, there’s no will and intestacy law says the surviving spouse should inherit everything, the estate can be released from administration provided the deceased person’s assets were valued at $100,000 or less.